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Version status: In force | Document consolidation status: No known changes
Version date: 29 November 2022 - onwards
  Version 2 of 2    

41. Liability of trader for other guarantor's commercial guarantee

(1) Where in relation to a sales contract a trader gives a consumer a commercial guarantee provided by another guarantor, the trader shall, unless the trader expressly indicates the contrary when the guarantee is given to the consumer, be liable to the consumer for the observance of that guarantee as if the trader were the guarantor.

(2) Notwithstanding subsection (1), where the trader gives the trader's own commercial guarantee to a consumer, it shall be presumed, unless the contrary is proved, that the trader is not liable to the consumer under any commercial guarantee from another guarantor which the trader has given to the consumer.

(3) The liability of a trader to a consumer under this section is without prejudice to the rights conferred on the consumer under section 40.

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