Singapore legislation
Clause 10
Clause 10
Amendment of Second Schedule
The Second Schedule to the principal Act is amended —
by inserting, immediately above the Schedule heading “SPECIFIC UNFAIR PRACTICES”, the following words:“Part 1(b)by inserting, immediately after paragraph 1 of Part 1, the following paragraphs:“1A. Representing that the supplier has a sponsorship, approval or affiliation with respect to the supply of goods or services that the supplier does not have.1B. Making a false or misleading representation concerning the need for any goods or services.”;
by deleting the words “or method of manufacture” in paragraph 2 of Part 1 and substituting the words “, weight, volume, length, capacity or method of manufacture (as the case may be)”;
by deleting the words “service has been provided” in paragraph 6 of Part 1 and substituting the words “service has been supplied”;
by deleting paragraph 13 of Part 1 and substituting the following paragraph:“13. Representing that another supplier will, on the presentment of a voucher to that other supplier —
supply certain goods or services; or
supply certain goods or services at a discounted or reduced price,when the supplier knows or ought to know that, on presentment of the voucher to that other supplier, such goods or services will not be supplied, or will not be supplied at a discounted or reduced price (as the case may be).”;
by inserting, immediately after paragraph 19 of Part 1, the following paragraph:“19A. Making an invitation to a consumer to purchase, or making an offer to sell to a consumer certain goods or services (called in this paragraph the original goods or services) at a certain price and then, with the intention of promoting different goods or services —
refusing to show or demonstrate the original goods or services to the consumer;
refusing to take any order for the original goods or services;
refusing to supply the original goods or services in a reasonable time; or
showing or demonstrating a defective sample of the original goods.”;
by deleting paragraph 20 of Part 1 and substituting the following paragraphs:“20. Omitting to provide a material fact to a consumer, using small print to conceal a material fact from the consumer or misleading a consumer as to a material fact, in connection with the supply of goods or services.
21. Accepting payment or other consideration for the supply of goods or services when the supplier knows or ought to know that the supplier will not be able to supply the goods or services —
within the period specified by the supplier at or before the time at which the payment or other consideration is accepted; or
if no period is specified at or before that time, within a reasonable period.
22. Purporting to assert a right to payment for the supply of unsolicited goods or services.
23. Sending to a consumer an invoice or document that states the amount of payment for the supply of unsolicited goods or services which does not contain, as the document’s most prominent text, the following (or words to that effect): “This is not a bill. You are not required to pay any money.ˮ,unless the consumer has expressly acknowledged to the supplier in writing the consumer’s intention to accept and pay for such goods or services.
24. Where an applicable agreement has been entered into in writing and a copy of the applicable agreement has not been given to the consumer, refusing to give the consumer a copy of the applicable agreement upon the consumer’s request.”; and
by inserting, immediately after paragraph 24 of Part 1, the following Part:“Part 2INTERPRETATION1. For the purpose of paragraph 22 of Part 1 —
“unsolicited goods or services” means goods or services that are supplied in relation to a consumer transaction to a consumer who did not request them, but does not include goods or services supplied to a consumer who knows or ought to have known that they were intended for delivery to another person unless it was reasonable to believe that the goods or services, if delivered to that other person, would have been unsolicited goods or services; and
if a consumer is being supplied with goods or services on a continuing basis and there is a material change in the goods or services, or in the supply of the goods or services, the goods or services are to be treated as unsolicited goods or services from the time of the material change unless the consumer consented in writing to the material change.
2. An intention to accept and pay for goods or services (for the purposes of paragraph 23 of Part 1) or a request for goods or services (for the purposes of the definition of “unsolicited goods or services” in paragraph 1(a)) or consent to a material change (for the purposes of paragraph 1(b)) is not to be inferred only from the consumer’s —
payment for the goods or services;
use of, dealing with or disposal of the goods or services;
request to purchase another similar good or service; or
inaction.3.—
For the purpose of paragraph 24 of Part 1, “applicable agreement” means an agreement between a supplier and a consumer for the supply of goods or services which expressly provides that —
the goods or services will not be supplied or, in the case of an agreement to supply goods or services over a period of time, will not begin to be supplied, to the consumer until the price, or part of the price, of the goods or services has been paid; and
the price of the goods or services is to be paid by 2 or more instalments.(2) In sub-paragraph (1)(b), any deposit paid by the consumer for the goods or services is treated as an instalment.”.