HORTICULTURAL PRODUCE (SALES ON COMMISSION) ACT (NORTHERN IRELAND) 1927 - SECT 1 Duty of salesman to record and deliver particulars of sales.

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HORTICULTURAL PRODUCE (SALES ON COMMISSION) ACT (NORTHERN IRELAND) 1927 - SECT 1

Duty of salesman to record and deliver particulars of sales.

1.(1) Where in the case of any horticultural produce consigned for sale on
commission the salesman makes a charge by way of commission or otherwise, he
shall enter in a book kept by him for the purpose the names of the owner or
consignor of the produce and of every purchaser, and the price paid or agreed
to be paid by each purchaser, and shall as soon as practicable after the sale
send by post or deliver to the owner or consignor an account containing the
following particulars:

(a)the actual price paid or agreed to be paid for the produce, and where there
is any variation in price, the number, weight or quantity sold, or agreed to
be sold, at each price; and

(b)the commission or other charge made by the salesman for selling the
produce, together with details of any charges made for services in connection
with the sale; and

(c)the amounts, if any, paid or payable by the salesman on behalf of the owner
or consignor in connection with the sale, with details thereof.

(2) If on any such sale as aforesaid any produce is bought by the salesman or
by any person on his behalf, the fact shall be stated in the account; but
nothing in this provision shall be construed as rendering any such
transaction, if otherwise illegal, legal.

(3) If any person fails to make any entry, or send or deliver any account, or
sends an account not containing the particulars required by this section, or
makes an entry or sends or delivers an account which is false in any material
particular, he shall be liable on summary conviction in the case of a first
offence to a fine not exceeding twenty pounds, and in the case of a subsequent
offence to a fine not exceeding one hundred pounds:

Provided that in any proceedings under this section if the defendant proves to
the satisfaction of the court that the offence was due to a bona fide mistake
or accident, in spite of all reasonable precautions being taken and all due
diligence exercised by the defendant to prevent the occurrence of such
offence, or the offence was due to the action of some person over whom the
defendant had no control, the defendant shall be discharged from the
prosecution.

(4) The provisions of this Act shall not apply to the sale of
horticultural produce unless the owner or consignor sends to the salesman,
before the sale, an advice note specifying the nature and description of the
packages consigned and the contents thereof.

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Northern Irish Legislation

HORTICULTURAL PRODUCE (SALES ON COMMISSION) ACT (NORTHERN IRELAND) 1927 - SECT 1