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Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part IX · Rights Against Suppliers in Respect of Guarantees in the Supply of Services

64. Effect of cancellation of contract

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(1)

Where the consumer exercises the right conferred under this Act to cancel a contract for the supply of services—

(a)

the consumer shall be entitled to obtain from the supplier a refund of any money paid or other consideration provided in respect of the services unless a court or the

Tribunal, as the case may be, orders that the supplier may retain the whole or any part of the money paid or other consideration provided by the consumer;

(b)

in so far as the contract has been performed at the time of the cancellation, no party shall by reason of the cancellation be divested of any property transferred or money paid under the contract, except as provided under paragraph (a); and

(c)

in so far as the contract remains unperformed at the time of the cancellation, no party shall be obliged or entitled to perform it further.

(2)

Nothing in subsection (1) shall affect—

(a)

the right of a party to recover damages in respect of a misrepresentation or the repudiation or breach of the contract by another party;

(b)

the right of the consumer to obtain damages under subparagraph 60(1)(b)(ii) or subsection 60(2) for failure to comply with a guarantee; or

(c)

the right of the consumer under this Act to reject goods supplied in connection with the services.

Consumer Protection 81

Terms defined in s 3

consumer
Defined · s 3
“consumer” means a person who— (a) acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and (b) does not acquire or use the goods or services, or hold himself out as acquiring or using the goods or services, primarily for the purpose of— (i) resupplying them in trade; (ii) consuming them in the course of a manufacturing process; or (iii) in the case of goods, repairing or treating, in trade, other goods or fixtures on land;
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goods
Defined · s 3
“goods” means goods which are primarily purchased, used or consumed for personal, domestic or household purposes, and includes— (a) goods attached to, or incorporated in, any real or personal property; (b) animals, including fish; (c) vessels and vehicles; (d) utilities; and (e) trees, plants and crops whether on, under or attached to land or not, but does not include choses in action, including negotiable instruments, shares, debentures and money;
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services
Defined · s 3
“services” includes any rights, benefits, privileges or facilities that are or are to be provided, granted or conferred under any contract but does not include rights, benefits or privileges in the form of the supply of goods or the performance of work under a contract of service;
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supplier
Defined · s 3
“supplier” means a person who, in trade— (a) supplies goods to a consumer by transferring the ownership or the possession of the goods under a contract of sale, exchange, lease, hire or hire-purchase to which that person is a party; or (b) supplies services to a consumer, and includes— (i) where the rights of the supplier have been transferred by assignment or by operation of law, the person for the time being entitled to those rights; (ii) a financier who has lent money on the security of goods supplied to a consumer, if the whole or any part of the price of the goods is to be paid out of the proceeds of the loan and if the loan was arranged by a person who, in trade, supplied the goods; (iii) a person who, in trade, assigns or procures the assignment of goods to a financier to enable the financier to supply those goods, or goods of that kind, to the consumer; and (iv) a person who, in trade, is acting as agent for another person where that other person is not supplying in trade; *NOTE—This Act has replaced the Companies Act 1965 which came into operation on 31 January 2017–see subsection 620(1)…
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this Act
Defined · s 3
“this Act” includes any subsidiary legislation made under this Act;
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Tribunal
Defined · s 3
“Tribunal” means the Tribunal for Consumer Claims established under section 85.
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Report

Read on from s 65

Part X

Read on from Part X

Part XI

The National Consumer Advisory Council

Read on from Part XI

Part XII

The Tribunal for Consumer Claims

Read on from Part XII

Part XIII

Enforcement

Read on from Part XIII

Part XIV

General and Miscellaneous

Read on from Part XIV