195.3 Presumption that where there is fault it was present at date of supplyWhere digital content does not conform to the contract at any time within 6 months of its supply, then there is a presumption that the digital content did not conform at the date of supply1. This presumption does not apply where:195.3.1 it is established that the digital contents did conform to the contract when supplied; or195.3.2 the presumption is not compatible with the nature of the digital content or ‘how it fails to conform to the contract’2.
Where digital content does not conform to the contract at any time within 6 months of its supply, then there is a presumption that the digital content did not conform at the date of supply1. This presumption does not apply where:
it is established that the digital contents did conform to the contract when supplied; or
the presumption is not compatible with the nature of the digital content or ‘how it fails to conform to the contract’2.
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