Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 74
74. (1) In the event of a lack of conformity, the consumer
shall be entitled to have the goods brought into conformity or to
receive a proportionate reduction in the price, or to terminate the
contract, under the conditions set out in this article and in a rticle 75.
(2) The seller may refuse to bring the goods into conformity if
repair and replacement are impossible or would impose costs on the
seller that would be disproportionate, taking into account all
circumstances including those mentioned in paragraphs (a) and (b) of
sub-article (1) of article 75.
60 CAP. 378.] CONSUMER AFF AIRS
(3) The consumer shall be entitled to either a proportionate
reduction of the price in accordance with article 76(1) or the
termination of the sales contract in accordance with article 78A in any
of the following cases:
(a) the seller has not completed repair or replacement or,
where applicable, has not completed repair or
replacement in accordance w ith article 75(3) and (4),
or the seller has refused to bring the goods into
conformity in accordance with s ub-article (4);
(b) a lack of conformity appear s despite the seller having
attempted to bring the goods into conformity;
(c) the lack of conformity is of such a serious nature as to
justify an immediate price reduction or termination of
the sales contract; or
(d) the seller has declared, or it is clear from the
circumstances, that the seller will not bring the goods
into conformity within a reasonable time, or without
significant inconvenience for the consumer.
(4) The consumer shall have the right to withhold payment of
any outstanding part of the price or a part thereof until the s eller has
fulfilled the seller's oblig ations under this Part.
Repair or
replacement of
goods.
Added by:
XXVI. 2000.15.
Substituted by:
I.2022.6.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.