Adverse Trade Practices Order 2000
The Order
01. Prohibits the display and publication of any statements which are invalid by law.
Persons who supply or offer goods or services to consumers, in the course of a business, CANNOT display, on business premises, notices containing statements which are invalid by law. Examples:
These statements CANNOT be displayed or published in notices, advertisements, receipts, bills or other documents, which are given to consumers.
02. Requires suppliers of goods to include all terms and conditions in contracts with consumers
A contract for the supply of goods must include all terms, conditions, representations and warranties under which the goods are supplied, including, the costs which must be paid by the consumer, if the goods are returned to the supplier for servicing or inspection.
SUPPLIERS OF GOODS CANNOT UNILATERALLY introduce a new term into a contract after that contract has been entered into with the consumer.
03. Requires suppliers to state the consumer's statutory rights
A supplier who supplies goods to persons other than consumers, which contain a statement limiting his obligations for the goods supplied MUST also provide another statement, printed in letters and figures of the same SIZE and PROMINENCE as the first statement, indicating:
- that the consumer possesses certain statutory rights under the Sale of Goods Act and the Hire Purchase Act, and
- that these rights are not affected by the first statement.
Persons other than consumers generally include wholesalers, manufactures and distributors.
04. Requires suppliers to state the value added tax for goods.
Where the price of goods on which VAT is payable is advertised, displayed or quoted and the VAT is not included in the price, the VAT MUST be stated:
- in money terms (ie. in dollars($) and cents (c) and not as a percentage(%)), and
- in figures or letters of the same SIZE and PROMINENCE as the PRICE of the goods.
(a) CONTRAVENES A PROHIBITION IMPOSED BY THIS ORDER, OR
(b) DOES NOT COMPLY WITH A REQUIREMENT IMPOSED BY THIS ORDER
IS LIABLE:
(i) on SUMMARY CONVICTION (before a Magistrate) to a fine of FIVE THOUSAND DOLLARS ($5,000.00) and to IMPRISONMENT FOR FOUR (4) MONTHS.
(ii) on CONVICTION ON INDICTMENT (before a Judge or Jury) to a fine of TEN THOUSAND DOLLARS ($10,000.00) and to IMPRISONMENT FOR TWO (2) YEARS.
IN A WORLD DRIVEN BY CONSUMERS