33 Warranty

Defences

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(1)     Subject to the following provisions of this section, in any proceedings for an offence under this Part of this Act or any instrument made under this Part, being an offence relating to the quantity or pre-packing of any goods, it shall be a defence for the person charged to prove—

(a)     that he bought the goods from some other person—

(i)     as being of the quantity which the person charged purported to sell or represented, or which was marked on any container or stated in any document to which the proceedings relate, or

(ii)     as conforming with the statement marked on any container to which the proceedings relate, or with the requirements with respect to the pre-packing of goods of this Part of this Act or any instrument made under this Part,

as the case may require, and

(b)     that he so bought the goods with a written warranty from that other person that they were of that quantity or, as the case may be, did so conform, and

(c)     that at the time of the commission of the offence he did in fact believe the statement contained

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