Fair Trade Practices means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts fair method or fair or honest practice including any of the following practices, namely
The practice of making any statement, whether orally or in writing or by visible representation which:
- Correctly and accurately represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;
- Accurately represents that the services are of a particular standard, quality or grade;
- Does not represent any re-built, second-hand, reno¬vated, reconditioned or old goods as new goods;
- Represent the rightful sponsor¬ship, approval, performance, characteristics, accesso¬ries, uses or benefits of the goods or services.
- Representthe rightful spon¬sorship or approval or affiliation which such seller or supplier does not have;
- Correct representation concern¬ing the need for, or the usefulness of, any goods or services;
- Gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods based on an adequate or proper test thereof;
- Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall not lie on the person raising such defence;
- Makes to the public a representation in a form that provides correct details about—
- The warranty or guarantee of a product or of any goods or services; or
- The promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result.
- Not materially mislead the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided.
- Do not give false or misleading facts disparaging the goods, services or trade of another person.
- Permits(the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction as a whole) the publication of any advertisement whether in any news¬paper or otherwise, for the sale or supply at a bargain price, of goods or services that are genuinely intended to be offered for sale or supply at the bargain price(a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise), or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement.
- Permits the sale or supply of only those goods intended to be used, or are of a kind likely to be used, by consumers, knowing or having reason to believe that the goods do comply with the standards prescribed by competent authority relating to performance, composition, contents, design, constructions, fin¬ishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods;
- Does not permit the hoarding or destruction of goods, nor refuses to sell the goods or to make them available for sale or to provide any service.
- Does not manufacture spurious goods or offer such goods for sale nor adopt deceptive practices in the provision of services.