Commentary

196.2 Circumstances when right of repair or replacement is not available

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

196.2 Circumstances when right of repair or replacement is not available

| Commentary

196.2 Circumstances when right of repair or replacement is not available

The consumer cannot require the trader to repair or replace the digital content if that remedy is impossible or is disproportionate to another remedy1.

‘Disproportionate’ means that the costs which are imposed on a trader by complying with one remedy are unreasonable compared to the costs imposed by complying with another remedy. The factors that the trader can take into account are:

  1. 196.2.1

        what value the digital content would have if it conformed to the contract;

  2. 196.2.2

        the significance of the lack of conformity of the

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