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SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 4

Civil liabilities of sellers of seeds.

4.(1) If and so far as seeds regulations provide that a statutory statement
shall constitute a statutory warranty for the purposes of this section, the
statutory statement, when received by the purchaser, shall, notwithstanding
any contract or notice to the contrary, have effect as a written warranty by
the seller that the particulars contained in the statutory statement are
correct.

(2) If and so far as seeds regulations apply this subsection to the
particulars in a statutory statement and prescribe limits of variation in
relation to those particulars, those particulars shall, for the purposes of
any legal proceedings on a contract for the sale of the seeds to which the
statutory statement relates, be deemed to be true except so far as there is a
mis-statement in the statutory particulars which exceeds the limits of
variation so prescribed.

(3) If and so far as seeds regulations apply this subsection to the
particulars in a statutory statement, the particulars in the
statutory statement shall, for the purposes of any legal proceedings on a
contract for the sale of the seeds to which the statutory statement relates,
be deemed to be true unless it is made to appear on a test carried out at an
official testing station, and made on a sample taken in the manner, and within
the period, prescribed by seeds regulations, that the particulars were untrue.

(4) Where a purchaser intends to obtain a test of seeds for the purposes of
subsection (3), the seller of the seeds shall be given written notice of the
purchaser's intention not more than the prescribed period after delivery to
the purchaser of the seeds under the sale, and seeds regulations shall
prescribe a procedure for taking a sample of seeds to be tested for the
purposes of that subsection which will afford to the seller of the seeds or
his agent an opportunity of being present when the sample is taken, and of
obtaining part of the sample.

(5) A contravention of seeds regulations shall not affect the validity of a
contract for the sale of seeds, or the right to enforce such a contract.

© 1965 Crown Copyright

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