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(4)Nothing in sections 8 to 13 above shall prejudice the operation of any other enactment including any enactment of the Parliament of Northern Ireland or the Northern Ireland Assembly or any rule of law whereby any [F7term], other than one relating to quality or fitness, is to be implied in any hire-purchase agreement.]
F1S. 15 substituted by Consumer Credit Act 1974 (c. 39), s. 192(3)(4), Sch. 4 para. 36
F2Words substituted by Unfair Contract Terms Act 1977 (c. 50), Sch. 3
F3Words in s. 15(1) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(9)(a), Sch. 3 (with s. 8(3))
F4Definition of “consumer sale” substituted by Sale of Goods Act 1979 (c. 54, SIF 109:1), s. 63, Sch. 2 para. 17
F5Definition of “producer” in s. 15(1) inserted (31.3.2003) by S.I. 2002/3045, reg. 13(4)
F6S. 15(2) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(9)(b), Sch. 3 (with s. 8(3))
F7Word in s. 15(4) substituted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(9)(c) (with s. 8(3))
(1)For section 4 of the M1 Trading Stamps Act 1964 (warranties to be implied on redemption of trading stamps for goods) there shall be substituted the following section:—
(1)In every redemption of trading stamps for goods, notwithstanding any terms to the contrary on which the redemption is made, there is—
(a)an implied warranty on the part of the promoter of the trading stamp scheme that he has a right to give the goods in exchange;
(b)an implied warranty that the goods are free from any charge or encumbrance not disclosed or known to the person obtaining the goods before, or at the time of, redemption and that that person will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known;
(c)an implied warranty that the goods are of merchantable quality, except that there is no such warranty—
(i)as regards defects specifically drawn to the attention of the person obtaining the goods before or at the time of redemption; or
(ii)if that person examines the goods before or at the time of redemption, as regards defects which that examination ought to reveal.
(2)Goods of any kind are of merchantable quality within the meaning of this section if they are as fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to any description applied to them and all the other relevant circumstances.
(3)In the application of this section to Scotland for any reference to a warranty there shall be substituted a reference to a stipulation.”
(2)The section so substituted, without subsection (3) thereof, shall be substituted for section 4 of the M2 Trading Stamps Act (Northern Ireland) 1965 (warranties to be implied on redemption of trading stamps for goods).
C1The text of ss. 16(1)(2), 18(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M11964 c. 71.
M21965 c. 6. (N.I.)
(1)It is hereby declared that this Act extends to Northern Ireland.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1S. 17(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
(1)This Act may be cited as the Supply of Goods (Implied Terms) Act 1973.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(3)This Act shall come operation at the expiration of a period of one month beginning with the date on which it is passed.
(4)Sections 17 to 20 and 29 of each of the following Acts, that is to say, the M1 Hire-Purchase Act 1965, the M2 Hire-Purchase (Scotland) Act 1965 and the M3 Hire- Purchase Act (Northern Ireland) 1966 (provisions as to conditions, warranties and stipulations in hire-purchase agreements) shall cease to have effect.
(5)This Act does not apply to contracts of sale or hire-purchase agreements made before its commencement.
F1S. 18(2) repealed by Sale of Goods Act 1979 (c. 54, SIF 109:1), s. 63, Sch. 3
C1The text of ss. 16(1)(2), 18(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M11965 c. 66.
M21965 c. 67.
M31966 c. 42. (N.I.).
Supply of Goods (Implied Terms) Act 1973