Part 3 — Cancellation of Direct Sales Contracts and Time Share Contracts
31 Responsibilities on cancellation
(a) "authorized person" means
(i) the supplier,
(ii) the person for the time be ing entitled to possession of the
goods, or
RSA 2000
(iii) a person specified in the direct sales contract as a per son
to whom a notice of cancellation may be given;
(b) "consumer's premises" mea ns the place specified in the
sales contract as the consumer's address or, if the address
shown does not specifically identify that place by a
municipal address, land description or other description
sufficient to distinguish that place from any other, the place
where the consumer actually resided at the time the sales
contract was made.
(2) Within 15 days after a direct sales contract is cancelled, the
supplier must refund to the consumer all money paid by the
consumer and return to the consumer's premises any trade-in or an
amount equal to the trade-in allowance.
(3) In the case of a direct sales contract for goods, the consumer
must, on receiving the refund and return of the trade-in or an
amount equal to the trade-in allowance, return the goods to the
supplier.
(4) Where a direct sales contract has been cancelled but the
consumer solicited the services of a supplier and requested that the
service be provided within 10 days from the date that the direct
sales contract was entered into, the supplier is entitled to reasonable
compensation for the services performed by the supplier, but the
supplier's rights under this subsection do not arise until the supplier
complies with subsection (2).
(5) When a notice of cancellation is given in accordance with
section 29, the consumer must return to an authorized person goods
that came into the consumer's possession under the direct sales
contract or a related sale or pre-existing contract if an authorized
person gives the consumer a written request that is signed or
purports to be signed by or on behalf of the supplier, but the
obligation of the consumer under this subsection is subject to any
lien or right to retain the goods that the consumer may have under
section 32 and the consumer's right to enforce the lien.
(6) The consumer may
(a) return the goods to an authorized person or to a person
designated for the purpose by an authorized person, at a
place elsewhere than at the consumer's premises, or
(b) return the goods at the consumer's expense to the supplier or
to a person specified in the direct sales contract as a person
to whom a notice of cancellation may be given.
RSA 2000
(7) A return of the goods in accordance with subsection (5) or (6)
is deemed to be made with the consent of the supplier or, if the
supplier is not entitled to possession of the goods, with the consent
of the person so entitled, and operates to discharge the consumer
from any obligation to retain the goods or deliver them to the
person so entitled.
(8) The consumer is under an obligation to take reasonable care of
goods delivered to the consumer under a direct sales contract or
related agreement until
(a) the return of the goods in accordance with subsection (5) or
(6), or
(b) the expiration of the period of 21 days after the giving o f the
notice of cancellation,
whichever event occurs first, and if the consumer sends the goods
to the supplier or other person in accordance with subsection (6)(b),
the consumer is under an obligation to take reasonable care to see
that they are received by the person to whom they are sent and are
not damaged in transit.
(9) Any obligation under subsection (8) is owed to the person for
the time being entitled to possession of the goods and any breach of
that obligation is actionable, at the suit of that person, as a breach
of statutory duty.
(10) The consumer is under no obligation under this section to
return the goods elsewhere than at the consumer's premises.
(11) Except as provided by this section, the consumer is not under
any obligation, whether arising by contract or otherwise, to take
care of the goods.
1998 cF-1.05 s31