| a) |
a supplier has provided an estimate pertaining to that transaction, or the consumer has waived such an estimate, as contemplated in section 15; or |
| 2) |
In this section, ‘‘price’’ includes a unit price. |
| 3) |
Subject to subsection (4), a retailer must not display any goods for sale without displaying to the consumer a price in relation to those goods. |
| 4) |
A retailer is not required to display a price for any goods that are displayed predominantly as a form of advertisement of the supplier, or of goods or services, in an area within the supplier’s premises to which the public does not ordinarily have access. |
| 5) |
A price is adequately displayed to a consumer if, in relation to any particular goods, a written indication of the price, expressed in the currency of the Republic, is— |
| a) |
annexed or affixed to, written, printed, stamped or located upon, or otherwise applied to the goods or to any band, ticket, covering, label, package, reel, shelf or other thing used in connection with the goods or on which the goods are mounted for display or exposed for sale; |
| b) |
in any way represented in a manner from which it may reasonably be inferred that the price represented is a price applicable to the goods or services in question; or |
| c) |
published in relation to the goods in a catalogue, brochure, circular or similar form of publication available to that consumer, or to the public generally, if— |
| i) |
a time is specified in the catalogue, brochure, circular or similar form of publication as the time after which the goods may not be sold at that price, and that time has not yet passed; or |
| ii) |
in any other case, the catalogue, brochure, circular or similar form of publication is dated, and in the circumstances may reasonably be regarded as not out of date. |
| 6) |
Subject to subsections (7) to (10), a supplier must not require a consumer to pay a price for any goods or services— |
| a) |
higher than the displayed price for those goods or services; or |
| b) |
if more than one price is concurrently displayed, higher than the lower or lowest of the prices so displayed. |
| 7) |
Subsection (6) does not apply in respect of the price of any goods or services if the price of those goods or services is determined by or in terms of any public regulation. |
| 8) |
If a price that was once displayed has been fully covered and obscured by a second displayed price, that second price must be regarded as the displayed price. |
| 9) |
If a price as displayed contains an inadvertent and obvious error, the supplier is not bound by it after— |
| a) |
correcting the error in the displayed price; and |
| b) |
taking reasonable steps in the circumstances to inform consumers to whom the erroneous price may have been displayed of the error and the correct price. |
| 10) |
A supplier is not bound by a price displayed in relationship to any goods or services if an unauthorised person has altered, defaced, covered, removed or obscured the price displayed or authorised by the supplier. |
| 11) |
If, in addition to displaying a price in relation to any goods or services, a supplier has advertised or displayed a placard or similar device announcing that prices are, will be or have been reduced by— |
| a) |
a monetary value, generally or in relationship to any particular goods or services, the displayed price for the purpose of subsection (6) must be regarded as being the price immediately displayed in relationship to the goods or services, minus the announced monetary reduction; or |
| b) |
a percentage value, generally or in relationship to any particular goods or services, the displayed price for the purpose of subsection (6) must be regarded as being the price immediately displayed in relationship to the goods or services, minus an amount determined by multiplying that price by the percentage shown, |
unless the supplier has applied two or more prices immediately to the goods or services concerned, and the difference between the highest and lower or lowest of those applied prices is equivalent to the advertised or placarded reduction in price.
Intellectual Property Rights from Publicly Financed Research and
