|
|
Dealing as consumer.
|
3.—(1) In the Act of 1893 and this Act, a party to a contract is said to deal as consumer in relation to another party if—
|
|
| |
(a) he neither makes the contract in the course of a business nor holds himself out as doing so, and
|
|
| |
(b) the other party does make the contract in the course of a business, and
|
|
| |
(c) the goods or services supplied under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.
|
|
| |
(2) On—
|
|
| |
(a) a sale by competitive tender, or
|
|
| |
(b) a sale by auction—
|
|
| |
(i) of goods of a type, or
|
|
| |
(ii) by or on behalf of a person of a class
|
|
| |
defined by the Minister by order,
|
|
| |
the buyer is not in any circumstances to be regarded as dealing as consumer.
|
|
| |
(3) Subject to this, it is for those claiming that a party does not deal as consumer to show that he does not.
|
