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TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 45 Actions in respect of non-compliance with express warranty

TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 45

Actions in respect of non-compliance with express warranty
45. Section 74G of the Principal Act is amended-

   (a)  by omitting all the words before paragraph (1) (c) and substituting
        the following:

"(1) Where-

   (a)  a corporation, in trade or commerce, supplies goods (otherwise than by
        way of sale by auction) manufactured by the corporation to a consumer;
        or

   (b)  a corporation, in trade or commerce, supplies goods manufactured by
        the corporation to another person who acquires the goods for re-supply
        and a person (whether or not the person who acquired the goods from
        the corporation) supplies the goods (otherwise than by way of sale by
        auction) to a consumer,
and-";

   (b)  by inserting in paragraph (1) (d) "or a person who acquires the goods
from, or derives title to the goods through or under, the consumer" after "the
consumer";

   (c)  by omitting from sub-section (1) "the consumer for the loss or damage
        and the consumer" and substituting "the consumer or that other person
        for the loss or damage and the consumer or that other person";

   (d)  by omitting from sub-section (2) "consumer" and substituting "
        person";

   (e)  by omitting paragraph (2) (a) and substituting the following
        paragraph:

"(a) an undertaking, assertion or representation was given or made in
connection with the supply of goods or in connection with the promotion by any
means of the supply or use of goods; and"; and

   (f)  by omitting from sub-section (2) (other than from paragraph (2) (a))

"statement" (wherever occurring) and substituting "representation".