Singapore legislation
Section 20
Section 20
Reliance on written warranty a good defence
(1)
Subject to this section, it shall be a good defence in any prosecution for an offence under section 10 if the defendant proves that —
he purchased the article sold by him in reliance on a written warranty or other written statement as to the nature of the articles purchased signed by or on behalf of the person from whom the defendant purchased the article;
he had no reason to believe that the article sold did not conform to such warranty or statement; and
if the article had truly conformed to such warranty or statement, the sale of the article by the defendant would not have constituted the offence charged against him.
(2)
No warranty or other written statement given or made by a person resident outside Singapore shall be any defence under this section, unless the defendant proves that he had taken reasonable steps to ascertain and did in fact believe in the truth of the matters set forth in such warranty or statement.
(3)
No warranty or other written statement shall be any defence in any prosecution, unless the defendant has, within 7 days after service of the summons, delivered to the prosecutor a copy of the warranty or statement with a written notice stating that he intends to rely thereon and specifying the name and address of the person from whom he received it, and has also within the same time sent by registered post a like notice of his intention to that person.
(4)
When the defendant is an employee or agent of the person who purchased the article under such a warranty or written statement, he shall be entitled to the benefit of this section in the same manner and to the same extent as his employer or principal would have been, if he had been the defendant; provided that the employee or agent further proves that he had no reason to believe that the article did not conform to the warranty or statement.
(5)
Any person who in respect of any drug sold by him as principal or agent gives to the purchaser a false warranty in writing shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, and for any subsequent offence to a fine not exceeding $4,000, unless he proves to the satisfaction of the court that when he gave the warranty he had reason to believe that the statements or descriptions contained therein were true.