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Section 40

Exception in respect of implied guarantee as to acceptable quality

of Consumer Protection Act 1999

ActIn forceProvision 40 of 152
Section 40

Notwithstanding section 39, there shall be no right of redress against the supplier of goods under this Act in respect of the failure of the goods to comply with the implied guarantee as to acceptable quality where—

(a)

the manufacturer makes a representation in respect of the goods otherwise than by a statement on any packaging or label; and

(b)

the goods would have complied with the implied guarantee as to acceptable quality if that representation had not been made.

WJW21/1045 Act 599.indd 66 18/03/2022 6:42 PM

Consumer Protection 67