Singapore legislation
Clause 19
Clause 19
Short weight, etc.
(1)
Subject to the provisions of this Part, any person who, in selling or purporting to sell any goods by weight or other measurement or by number, delivers or causes to be delivered to the buyer a lesser quantity than that purported to be sold or than corresponds with the price charged, shall be guilty of an offence.
(2)
Subject to the provisions of this Part, any person who, on or in connection with the sale or purchase of any goods, or in exposing or offering any goods for sale, or in purporting to make known to the buyer thereof the quantity of any goods sold, or in offering to purchase any goods, makes any misrepresentation either by word of mouth or otherwise as to the quantity of the goods, or does any other act calculated to mislead a person buying or selling the goods as to the quantity thereof, shall be guilty of an offence.
(3)
If, in the case of any goods pre-packed in or on a container marked with a statement in writing with respect to the quantity of the goods, the quantity of the goods is at any time found to be less than that stated, then, subject to the provisions of this Part and in particular section 21(2), any person who has those goods in his possession for sale, and (if it is shown that the deficiency cannot be accounted for by anything occurring after the goods had been sold by retail and delivered to, or to a person nominated in that behalf by the buyer) any person by whom or on whose behalf those goods have been sold or agreed to be sold at any time while they were pre-packed in or on the container in question, shall be guilty of an offence.
(4)
If —
in the case of a sale of or agreement to sell any goods which, not being pre-packed, are made up for sale or for delivery after sale in or on a container marked with a statement in writing with respect to the quantity of the goods; or
in the case of any goods which, in connection with a sale or agreement for the sale thereof, have associated therewith a document containing such a statement,the quantity of the goods is at any time found to be less than that stated, then, if it is shown that the deficiency cannot be accounted for by anything occurring after the goods had been delivered to, or to a person nominated in that behalf by, the buyer, and subject to the provisions of this Part and in particular to section 20(2) and (3), the person by whom, and any other person on whose behalf, the goods were sold or agreed to be sold shall be guilty of an offence.
(5)
Subsections (3) and (4) shall have effect notwithstanding that the quantity stated is expressed to be the quantity of the goods at a specified time falling before the time in question, or is expressed with some other qualification of whatever description, except where —
that quantity is so expressed in pursuance of an express requirement of this Act or any subsidiary legislation made thereunder;
the goods, although falling within subsection (3) or subsection (4)(a) are not required by this Act to be pre-packed as mentioned in subsection (3) or, as the case may be, to be made up for sale or for delivery after sale in or on a container only if the container is marked as mentioned in subsection (4)(a); or
the goods, although falling within subsection (4)(b), are not required by this Act to have associated therewith such a document as is mentioned in that paragraph.
(6)
In any case to which, by virtue of subsection (5)(a), (b) or (c), subsection (3) or (4) does not apply, if it is found at any time that the quantity of the goods in question is less than that stated and it is shown that the deficiency is greater than can be reasonably justified on the ground justifying the qualification in question, then, subject to the provisions of this Part —
in the case of goods such as are mentioned in subsection (3), if it is further shown as mentioned in that subsection, then —
where the container in question was marked in Singapore, the person by whom, and any other person on whose behalf, the container was marked; or
where the container in question was marked outside Singapore, the person by whom, and any other person on whose behalf, the goods were first sold in Singapore,shall be guilty of an offence;
in the case of goods such as are mentioned in subsection (4), the person by whom, and any other person on whose behalf, the goods were sold or agreed to be sold shall be guilty of an offence if, but only if, he would, but for subsection (5)(a), (b) or (c), have been guilty of an offence under subsection (4).
(7)
Without prejudice to subsections (4), (5) and (6), if in the case of any goods required by this Act to have associated therewith a document containing particular statements, that document is found to contain any such statement which is materially incorrect, any person who, knowing or having reasonable cause to suspect that statement to be materially incorrect, inserted it or caused it to be inserted in the document, or used the document for the purposes of this Act or any subsidiary legislation made thereunder while that statement was contained therein, shall be guilty of an offence.
(8)
For the purposes of this section, any statement, whether oral or in writing, as to the weight of any goods shall be deemed, unless otherwise expressed, to be a statement as to the net weight of the goods.
(9)
Nothing in this section shall apply —
in relation to any such goods or sales as are mentioned in section 16(4)(a) or (b); and
in relation to the sales of goods with a view to their industrial or constructional use, except —
where the sale in question is or would be one which is required by this Act to be made only by quantity expressed in a particular manner or in the case of which the quantity of the goods sold is required by any provision of this Act to be made known to the buyer at or before a particular time;
where the goods are pre-packed or otherwise made up in or on a container for sale or for delivery after sale and are goods such as are required by this Act to be pre-packed, or to be otherwise so made up, as the case may be, only if the container is marked with an indication of quantity or only in particular quantities; or
where the goods are goods such as are required by this Act to be made for sale only in particular quantities.