Page:Consumer Protection (Fair Trading) Act 2003.pdf/10

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NO. 27 OF 2003

(e) make an order varying the contract between the supplier and the consumer.

(5) For the avoidance of doubt, in an action under section 6(1) before a Small Claims Tribunal, the Tribunal may make orders pursuant to the provisions of the Small Claims Tribunals Act (Cap. 308).

(6) Notwithstanding subsections (4) and (5), the court shall not grant any relief in respect of any goods or services intended for business use in an action under section 6(1).

(7) For the purposes of subsection (6), the court may apportion the use of goods and services between business use and non-business use as the court considers just and equitable in the circumstances of the case (notwithstanding that the goods or services are indivisible) and grant relief only in respect of the portion of goods and services so attributed with non-business use.

(8) For the purposes of subsections (6) and (7) and section 17, goods or services intended for business use shall include—

(a) goods or services (as the case may be) that the consumer intends to re-sell in the course of his business; and
(b) goods that the consumer intends to use up or transform, in the course of his business, in a process of production or manufacturing or in repairing or treating other goods or fixtures,

and “business use” and “non-business use” shall be construed accordingly.

(9) Where the court finds that an unfair practice has occurred, the court shall, in making an order in an action under section 6(1), have regard to whether or not the consumer made a reasonable effort to—

(a) minimise any loss or damage resulting from the unfair practice; and
(b) resolve the dispute with the supplier before commencing the action.

Voluntary compliance agreement

8.—(1) Where there are reasonable grounds for believing that a supplier has engaged, is engaging or is likely to engage in an unfair practice, a