Revised Laws of Saint Lucia (2021)

74.   Right to authorize service

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    (1)   This section applies to any consumer agreement in terms of which a supplier supplies a repair or maintenance service to, or supplies or installs any replacement parts or components in, any property belonging to or in the control of the consumer, if —

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      (a)     the supplier has or takes possession of that property for the purpose contemplated in this subsection; or

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      (b)     in any other case, the consumer requests an estimate before any service is supplied.

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    (2)   A supplier to whom this section applies is not entitled to charge a consumer for the supply of any goods or service contemplated in subsection (1) unless —

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      (a)     the supplier has given the consumer an estimate that satisfies the prescribed requirements, and the consumer has subsequently authorized the work; or

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      (b)     the consumer has, in writing —

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        (i)     declined the offer of an estimate, and authorized the work, or

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        (ii)     pre-authorized any charges up to a specified maximum, and the amount charged does not exceed that maximum.

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    (3)   A supplier is not entitled to charge a consumer for —

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      (a)     an estimate required under subsection (2)(a), unless the supplier has disclosed the price for preparing that estimate, and the consumer has approved it; or

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      (b)     any diagnostic work, disassembly or re-assembly required in order to prepare an estimate, or for any damage to or loss of material or parts in the course of preparing an estimate, in addition to any estimate charge imposed under paragraph (a).

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    (4)   The Minister may make Regulations to exempt from this section any transaction or consumer agreement referred to in subsection (1) that is below a prescribed threshold.75.   Right of consumer's estate to choose whether to uphold agreement

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    (1)   Where a consumer enters into a consumer agreement for the supply of any goods or service, but dies before the supply of the goods or service, in the absence of any written agreement to the contrary —

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      (a)     the personal representative of the consumer's estate may give notice to the supplier —

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        (i)     requiring delivery of the goods or supply of the service, in accordance with the agreement, or

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        (ii)     terminating the agreement as from the date of the death of the consumer;

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      (b)     any deposit paid by the consumer remains with the supplier for the benefit of the consumer's estate.

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    (2)   Where a consumer agreement that has been terminated under subsection (1)(a)(ii) relates to the supply of any special-order goods, the supplier, after receiving notice of the termination —

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      (a)     shall not order, procure or make anything not ordered, procured or made, and shall ensure the diligent completion of anything that had been ordered, procured or begun;

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      (b)     is entitled to reimbursement for any costs for the procurement or work, on the terms contemplated in the consumer agreement; and

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      (c)     upon acquisition or completion of the special-order goods, holds the goods in trust for the benefit of the consumer's estate, subject to further direction by the personal representative of the deceased.

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    (3)   This section does not apply in respect of a consumer agreement for the supply of funeral or burial services.