Singapore legislation
Clause 28
Clause 28
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 Part III if the defendant proves that —
he purchased the food or appliance sold by him in reliance on a written warranty or other written statement as to the nature of the food or appliance purchased, signed by or on behalf of the person from whom the defendant purchased the food or appliance;
he had no reason to believe that the food or appliance sold did not conform to such warranty or statement; and
if the food or appliance had truly conformed to such warranty or statement, the sale of the food or appliance 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 seven days after service of the summons, delivered to the prosecutor a copy of such 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 such person.
(4)
When the defendant is a servant or agent of the person who purchased the food or appliance under such a warranty or written statement, he shall be entitled to the benefit to 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 servant 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 food or appliance sold by him as principal or agent gives to the purchaser a false warranty in writing shall be liable to a fine not exceeding one thousand dollars, or for any subsequent offence to a fine not exceeding five thousand dollars, 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.