HC Deb 20 July 1964 vol 699 c231

Lords Amendment: In page 3, line 12, at end insert new Clause A— A.—(1) Subject to subsection (2) of this section, in every redemption of trading stamps for goods there shall be—

  1. (a) an implied warranty on the part of the promoter of the trading stamp scheme that he has a right to give the goods in exchange,
  2. (b) an implied warranty that the person obtaining the goods shall have and enjoy quiet possession of the goods,
  3. (c) an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party, not declared or known to the person obtaining the goods before or at the time of redemption,
  4. (d) an implied warranty that the goods shall be of merchantable quality, except that if the person obtaining the goods has examined the goods before or at the time of redemption, there shall be no implied warranty as regards defects which the examination ought to have revealed.
(2) The foregoing subsection shall have effect subject to the terms on which the redemption is made, so far as those terms expressly exclude or modify the warranties implied by that subsection.

Mr. Buck

I beg to move, That this House doth agree with the Lords in the said Amendment.

This provides for the addition to the Bill of certain warranties which are appropriate parts of the Sale of Goods Act and which shall be implied as a condition of sale when goods are received on the redemption of trading stamps. Only the specific provisions of the Act which are considered particularly appropriate to this sort of transaction have been inserted. The matter was fully considered in another place.

Question put and agreed to.