Repair or replacement of goods
12C.—(1) If section 12B applies, the transfer may require the
transfer or to —
(a) repair the goods; or
(b) replace the goods.
(2) If the transferee requires the transferor to repair or replace the
goods, the transferor must —
(a) repair or, as the case may be, replace the goods within a
reasonable time and without causing significant
inconvenience to the transferee; and
(b) bear any necessary costs incurred in doing so (including in
particular the cost of any labour, materials or postage).
(3) The transferee must not require the transferor to repair or, as the
case may be, replace the goods if that remedy is —
(a) impossible;
(b) disproportionate in comparison to the other of those remedies;
or
(c) disproportionate in comparison to an appropriate reduction in
the amount to be paid for the transfer under paragraph (a), or
rescission under paragraph (b), of section 12D(1).
(4) One remedy is disproportionate in comparison to the other if the
one imposes costs on the transferor which, in comparison to those
imposed on him by the other, are unreasonable, taking into account—
(a) the value which the goods would have if they conformed to
the applicable contract;
(b) the significance of the lack of conformity with the applicable
contract; and
(c) whether the other remedy could be effected without causing
significant inconvenience to the transferee.
(5) Any question as to what is a reasonable time or significant
inconvenience is to be determined by reference to —
(a) the nature of the goods; and
(b) the purpose for which the goods were acquired.