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6. (1) Subject to paragraphs (2) and (3) of this regulation, the particulars in the brochure (whether or not they are required by regulation 5(1) above to be included in the brochure) shall constitute implied warranties (or, as regards Scotland, implied terms) for the purposes of any contract to which the particulars relate.
(2) Paragraph (1) of this regulation does not apply—
(a)in relation to information required to be included by virtue of paragraph 9 of Schedule 1 to these Regulations; or
(b)where the brochure contains an express statement that changes may be made in the particulars contained in it before a contract is concluded and changes in the particulars so contained are clearly communicated to the consumer before a contract is concluded.
(3) Paragraph (1) of this regulation does not apply when the consumer and the other party to the contract agree after the contract has been made that the particulars in the brochure, or some of those particulars, should not form part of the contract.