(1) In derogation from section 323 (2) and section 440, there is no need, in order to rescind a contract for a defect of a good, to set a period of time for the cure as stipulated in section 323 (1) if
1. the trader has not effected the cure despite expiry of a reasonable time limit from the point in time at which the consumer informed the trader of the defect,
2. a defect becomes apparent in spite of the trader’s attempts to effect cure,
3. the defect is so serious that the immediate rescission of the contract is justified,
4. the trader has refused to effect the proper cure as defined in section 439 (1) or (2) or section 475 (5) or
5. it is obvious from the circumstances that the trader will not effect the proper cure as defined in section 439 (1) or (2) or section 475 (5).
(2) There is no need to set the period of time stipulated in section 281 (1) in the cases governed by subsection (1) for a claim to compensation of damages due to a defect of the good. Section 281 (2) and section 440 are not to be applied.