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Supply of Goods (Implied Terms) Act 1973

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15Supplementary

(1)In sections 8 to 14 above and this section—

  • " conditional sale agreement", " hire-purchase agreement ", " hirer " and " owner " have the same meanings respectively as in the Hire-Purchase Act 1965 or, as the case may be, the Hire-Purchase (Scotland) Act 1965 ;

  • " business " includes a profession and the activities of any government department 'including a department of the Government of Northern Ireland), local authority or statutory undertaker;

  • " consumer sale " has the same meaning as in section 55 of the principal Act, as amended by section 4 above; and

  • " condition " and " warranty ", in relation to Scotland, mean stipulation, and any stipulation referred to in sections 8(1)(a) 9, 10 and 11 above shall be deemed to be material to the agreement.

(2)In the application of subsection (1) above to Northern Ireland—

(a)"hirer" has the same meaning as in section 65(1) of the Hire Purchase Act (Northern Ireland) 1966; and

(b)subject to paragraph (a) above, for the reference to the Hire-Purchase Act 1965 there shall be substituted a reference to the Hire-Purchase Act (Northern Ireland) 1966.

(3)Goods of any kind are of merchantable quality within the meaning of section 10(2) above 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, the price (if relevant) and all the other relevant circumstances ; and in section 11 above " unmerchantable " shall be construed accordingly.

(4)In section 14(2) above "corresponding hire-purchase agreement" means, in relation to a conditional sale agreement, a hire-purchase agreement relating to the same goods as the conditional sale agreement and made between the same parties and at the same time and in the same circumstances and, as nearly as may be, in the same terms as the conditional sale agreement.

(5)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 any rule of law whereby any condition or warranty, other than one relating to quality or fitness, is to be implied in any hire-purchase agreement.

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