Consumer Affairs Act (Cap. 378)

Consumer Affairs Act (Cap. 378), article 74

Official PDF on legislation.mt

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.

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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.