Regulation 3 Marketing of appliances
No manufacturer or importer shall on or after 28th February 1990 market any appliance manufactured or imported by him in respect of which the requirements of regulation 4 or of the Directive as implemented in the law of Northern Ireland or in the law of a member State other than the UnitedKingdom are not satisfied.
Where a person (“the ostensible supplier”) markets any appliance by supplying the same to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit sale agreement, and the ostensible supplier:—
carries on the business of financing the acquisition of goods by others by means of such agreements; and
in the course of that business acquired his interest in the appliance supplied to the customer as a means of financing its acquisition by the customer from a third person (“the effective supplier”)
the effective supplier and not the ostensible supplier shall be treated for the purposes of this regulation as marketing the appliance to the customer and any duty imposed by these Regulations on those who market any appliance shall accordingly fall on the effective supplier and not on the ostensible supplier.
Where a person (“the ostensible supplier”) markets any appliance by supplying the same to another (“the customer”) under a lease, and the ostensible supplier —
has not previously granted any lease to the customer in respect of that appliance; and
carries on the business of financing the use of goods by others by means of leases; and
in the course of that business acquired his interest in the appliance supplied to the customer for the purpose of financing its provision to the customer by a third person (“the effective supplier”); and
he or his agent either
has not had physical possession of the appliance; or
has had physical possession of the appliance only for the purpose of passing it to the customer; and
he or his agent has not modified, overhauled, repaired or restored the appliance;
then the effective supplier and not the ostensible supplier shall be treated for the purposes of this regulation as marketing the appliance to the customer and any duty imposed by these Regulations on those who market any appliance shall accordingly fall on the effective supplier and not on the osensible supplier.
Where —
paragraph (3) of this regulation has applied in respect of a lease; and
the ostensible supplier grants a further lease of the appliance to the same customer; and
the appliance has remained in the physical possession of the customer since he took possession of it under the first lease; and
the appliance has not at any time been modified, overhauled, repaired or restored by or on behalf of the ostensible supplier; then no duty shall be imposed by these Regulations on the ostensible supplier in relation to the supply by way of that further lease.