Consumer Affairs Act (Cap. 378), article 73

73. (1) Sellers shall deliver goods to the consumer that conform with the sales contract, which goods shall, in particul ar, where applicable: (a) be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales contract; (b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales contract, and in respect of which the seller has given acceptance; (c) be delivered with all accessories and instructions, including on installation, as stipulated by the sales contract; and (d) be supplied with updates as stipulated by the sales contract. Objective requirements for conformity. (2) In addition to complying with any subjective requirement for conformity with sub-article (1) the goods shall also: (a) be fit for the purposes for which goods of the same type would normally be used, taking into account, 58 CAP. 378.] CONSUMER AFF AIRS where applicable, any law, technical standards or, in the absence of such techni cal standards, applicable sector-specific industry codes of conduct; (b) where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract; (c) where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and (d) be of the quantity and possess the qualities and other features, including in relation to durability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in a dvertising or on labelling. (3) The seller shall not be bound by public statements, as referred to in sub-article (2)(d ) if the seller shows that: (a) the seller was not, and could not reasonably have been, aware of the public statement in question; (b) by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or (c) the decision to buy the goods could not have been influenced by the public statement. (4) In the case of goods with dig ital elements, the seller shal l ensure that the consumer is informed of and supplied with updat es, including security updates, that a re necessary to keep those go ods in conformity, for the period of time: (a) that the consumer may r easonably expect given the type and purpose of the goods and the digital elements, and taking into account the circumstances and nature of the contract, where the sa les contract provides for a single act of supply of the digital content or digital service; or (b) indicated in the proviso of article 78(1) where the sales contract provides for a continuous supply of the digital content or digital s ervice over a period of time. (5) Where the consumer fails to install within a reasonable tim e updates supplied in accordance w ith sub-article (4), the seller shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that: CONSUMER AFF AIRS [CAP. 378. 59 (a) the seller informed the con sumer about the availability of the update and the consequences of the failure of the consumer to install it; and (b) the failure of the consumer to install or the incorrect installation by the consumer of the update was not due to shortcomings in the installation instructions provided to the consumer. (6) There shall be no lack of conformity within the meaning of sub-article (2) or (4) if, at the time of the conclusion of the sales contract the consumer was specifi cally informed that a particul ar characteristic of the goods was deviating from the objective requirements for conformity laid down in sub-article (2) or (4) and the consumer expressly and separate ly accepted that deviation when concluding the sales contract. Incorrect installation of the goods. (7) Any lack of conformity resulting from the incorrect installation of the goods shall be regarded as lack of conformi ty of the goods if: (a) the installation forms part of the sales contract and was carried out by the seller or under the seller's responsibility; or (b) the installation, intended to be carried out by the consumer, was done by the consumer and the incorrect installation was due to shortcomings in the installation instructions provided by the seller or, in the case of goods with digital elements, provided by the seller or by the supplier of the digital content or digital service. (8) Nothing in this article shall prejudice the application of article 73A. Third party rights. Added by: I.2022.4.