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3. For paragraph (1) there shall be substituted –
“(1) A person (“the purchaser”) shall not be liable to make any payment, and shall be entitled to recover any payment made by him, by way of charge for including or arranging for the inclusion in a directory of an entry relating to that person or his trade or business, unless –
(a)there has been signed by the purchaser or on his behalf an order complying with this Article,
(b)there has been signed by the purchaser or on his behalf a note complying with this Article of his agreement to the charge and before the note was signed, a copy of it was supplied, for retention by him, to him or a person acting on his behalf, or
(c)there has been transmitted by the purchaser or a person acting on his behalf an electronic communication which includes a statement that the purchaser agrees to the charge and the relevant condition is satisfied in relation to that communication.”.
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