8 No. 14
No. 43 of 1998
Cap. 48:01
Consumer Protection
Personal, or of any technology or service as defined in the
Competition and Fair Trading Act. 1998;
"unfair trade practice" means a trade or business practice including
the practice which, for the purpose of promoting the sale, use, supply
or provision of any technology, goods or services adopts any unfair
method or unfair or deceptive practice including the practice of
making any statement whether orally or in writing or by conduct
which
(a) falsely represents that the technology or goods are of a
particular standard, quality, grade, durability, composition, style or
model;
(b) falsely represents that the services are of a particular standard.
quality or grade;
(c) falsely represents that any re-built, second hand, renovated,
reconditioned or old goods are new or unused goods;
(d) represents that any technology, goods or services has sponsorship,
approval, performance characteristics, accessories, peripherals, uses or
benefits which such technology, goods or services do not have;
(e) represents that the supplier or trader has a sponsorship or
approval, affiliation, intellectual property, license' or franchise which
such supplier or trader does not have;
(j) makes a false or misleading representation concerning the nee_
for or the usefulness or utility of any technology, goods or services;
(g) gives to the public any assurance, warranty or guarantee of the
performance, efficiency, efficacy or length of life of a product or any
technology, goods or services that is not based on an adequate or
proper test thereof; and
(h) takes advantage of a consumer by exerting undue pressure or
undue influence on the consumer to enter into a transaction involving
any technology, goods or services;
"warranty" means an agreement with reference to goods which are the
subject of a contract, but collateral to the main purpose of such
contract of sale, the breach of which gives rise to a claim for damages,
but not to a right to reject the goods and treat contract as repudiated as
defined in the Sale of Goods Act;
"wholesale" means a form of distribution by which goods are
customarily sold for the purpose of resale or as inputs in manufacturing and includes any act or set of acts of sale for either of those
purposes which is the subject of a consumer dispute or an action
under this Act or any other written law;
"wholesaler" means a person regularly engaged in wholesale trade,
or who participates in some act or set of acts of wholesale trade,
which is the subject of a consumer dispute or an action under this Act
or any other written law.