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3. (1) Subject to the following provisions of this article, and of article 5, a person who indicates that a bed is or may be for sale by him by retail shall not, on or in relation to it, indicate a price for its sale in such a manner that the indication includes a statement of a description to which this paragraph applies.
(2) Paragraph (1) above applies to any statement (however framed and whether express or implied) that the price indicated is lower than—
(a)the amount of a price which the same or another person has indicated as being a price at which a bed of the same description might be sold by any person; or
(b)a value ascribed to a bed of any description; or
(c)the amount of a price (not being a price referred to in sub-paragraph (a) above or in paragraph (3) below) for the sale of a bed of the same description (whether or not that price is or is not specified or quantified or is or is not a price which has been charged, indicated or proposed by any person).
(3) The prices referred to in sub-paragraph (c) of paragraph (2) above as being prices to which that sub-paragraph does not apply are—
(a)a particular price which the person giving the indication—
(i)proposes to charge in the ordinary course of business or has so charged in identified circumstances, or
(ii)has reasonable grounds for believing has been charged in the ordinary course of business by another identified person in identified circumstances,
including, in each case, a price for the sale of a bed of the same description in a specified different condition or quantity; or
(b)a particular price applicable to the sale by the person giving the indication of a bed of the same description—
(i)upon different terms as to the time or manner of payment (including the provision of credit by any person),
(ii)in specified different circumstances,
(iii)in a specified different condition or quantity, or
(iv)where the bed is purchased with any other goods.
(4) For the purposes of paragraph (3) above, in relation to an indication of a price—
(a)a person shall be taken to be an identified person, and
(b)circumstances shall be taken to be identified circumstances,
only if the person is, or the circumstances are, identified in the indication.
(5) To the extent to which, apart from this paragraph, an act would be a contravention of any of the foregoing provisions of this article and of any of the provisions of section 11 of the Trade Descriptions Act 1968, those provisions of this article shall not have effect.
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