Adverse Trade Practices Order (Cap. 82:34)

MINISTRY OF LEGAL AFFAIRS 50 Chap. 82:34 LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt Consumer Protection and Safe ty SUBSIDIARY LEGISLATION ADVERSE TRADE PRACTICES ORDER ARRANGEMENT OF ORDERS ORIlER 1. Citation. 2. Interpretation. 3. Prohibition against display, of notice containing invalid statements. 4. Prohibition against display , publication , etc., of invalid statements. 5. Terms, etc., to be included in contract. 6. Supplier to state rights and obligations, including statuory right s of consumer. 7. Display of price and VAT. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Consumer Protection and Safety www. legalaffairs.gov.tt Chap. 82:34 51 rSul Jshllary ] ADVERSE TRADE PRACTICES ORDER made under section 16 12512000. 1. This Order may be cited as the Adverse Trade Citation. Practices Order. 2. In this Order- Interpretation. "Act" means the Consumer Protection and Safety Act; Ch.8B4. "advertisement" has the meaning assigned to it in section 2 of the Trade Descriptions Act; Ch.82,04. "consumer transaction" means any transaction to which a person is or may be invited to become a patty in his capacity as a consumer; "container" includes any form of packaging of goods whether by way of wholly or partially enclosing the goods, or by way of attaching the goods to, or winding the goods around SOIIH.~ o ther article und in partic ular includes a wrapper or confining band; "notice" includes any business announcement, whethe r or not in wntmg , and any other busmess comm unication or pretended communication. 3. A person shall not, in the course of a business, display, at any place where con sumer transact ions are effected, a notice containing statements which are invalid by virtue of (a ) section 9 of the Unfair Contract Terms Act; or (b) any other written law. 4. A person shall not in the course of a business (a) display; (b) publish, or cause to be published; (c) supply; or (d) furnish, at any place where consumer transactions are effected, any advertisement, receipts, bills or other documents containing, or UPDATED TO DECEMBER 31ST 2009 Pruhibitinn against display of notice containing invalid statements Ch. 82,37. P rol1ib it ion again st displa y, publication, etc" of invalid state ments. LRD.l/2006 MINISTRY OF LEGAL AFFAIRS 52 rSub~idi lll'Y1 Chap. 82:34 LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt Consumer Protection and Safety Adl)CT.IC Trade Ft actices O ,dcl Terms. etc.. to be included in contract. Supplier to state rights, and obli aatlons. including statutory rights of consumer. Ch.82:30. C11.82:33 . any goods bearing, or goods in a container bearing, any statement which is invalid hy virtue of the IJnfair Contract Terms Act, or ~n y other written law. 5. A contract which relates to any consumer transaction shall inclu de all such terms and conditions, representations, warranties or guarantees of any kind, under which the goods relating to such transaction are to be supplied, including any such terms and condiuons, represenuuions, warraruies or guarantees as relates to the cost or costs, if any, to be borne by the consumer if the goods are to be returned for servicing or inspection with a view to effecting repairs. 6. (1) This paragraph applies to goods which are supplied in the course of a business by one person (hereinafter called "the supplier") to another, where, at the time of the supply, the goods were intended by the supplier to be, or might reason ably have been expected by him to be, the subject of a subsequent consumer transaction. (2) Where a supplier (a) supplies goods which bear, or are in a container bearing a statement which sets out or describes or limits the obligations accepted or to be accepted by him in relation to the goods; or (b) furnishes a doc ument in relation to the goods which contains the statement referred to in paragraph (a), he shall, together with any such statement, include, in letters or figures of the same size and prominence, another statement to the effect that (i) the consumer possesses certain statutory rights by virtue of sections 14, 15, 16, and 17 of the Sale of Goods Act and sections I, 4(2),6, 8, 10 aIllII 3 of the Hire Purchase Act ; and (ii) the statementreferredto in paragraph(a) does not or will not affect thos e statutory rights . UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Consumer Protection and Safety AU1Jl!I'.Il! Tvudc Prucuces Onle, www. legalaffairs.gov.tt Chap. 82:34 53 rSulJshllary] 7. (I) Where a person who supplies goods in the course of Display of pri ce busi d . di I . hi h h d and v;.;ra usmess a vertis es. ISP ays or quote s a pnce at w IC t e goo s . will be supplied which is exclusive of the tax to be charged under the Value Added Tax Act, the price must be accompanied by a e ll. 75:06. quotation of the tax to be applied to the price of the goods. (2) The quotation of the tax referred to in subparagraph (1) shall be displayed in (u) 1l10lley tenus ; (h) figures or letters of the same size and prominence as the price of the goods . LRD.l/2006 UPDATED TO DECEMBER 31ST 2009