S.I. No. 59/1960 - Restrictive Trade Practices (Carpets) Order, 1960.

S.I. No. 59 of 1960.

RESTRICTIVE TRADE PRACTICES (CARPETS) ORDER, 1960.

I, JOHN LYNCH, Minister for Industry and Commerce, having considered a report of the Fair Trade Commission under section 7 of the Restrictive Trade Practices Act, 1953 (No. 14 of 1953), into the conditions obtaining in regard to the supply and distribution of carpets, carpeting and floor rugs, hereby, in exercise of the powers conferred on me by section 9 of the said Act, order as follows :—

1 Short title

1. This Order may be cited as the Restrictive Trade Practices (Carpets) Order, 1960.

2 Definitions

2. In this Order—

" the Commission " means the Fair Trade Commission ;

" goods to which this Order applies " means goods which are carpets, carpeting or floor rugs and which are machine-made and made wholly or mainly of wool ;

" manufacturer " means any person engaged in the business of manufacturing goods to which this Order applies ;

" wholesaler " means any person who purchases from a manufacturer goods to which this Order applies for resale to a person who resells such goods to the public.

3 Manufactures' terms and conditions for acceptance of orders

3.—(1) A manufacturer shall, as soon as may be, lodge with the Commission a statement of all his terms and conditions for the acceptance by him of orders for goods to which this Order applies and shall immediately notify the Commission of any changes from time to time made by him in such terms or conditions.

(2) A manufacturer shall, upon the request of any person engaged in or proposing to engage in trade as a wholesaler, make available to such person a statement of the relevant terms and conditions in operation.

4 Alteration of unreasonalbe terms and conditions for acceptance of orders from wholesalers

4. If the Commission are of opinion that any of the terms or conditions applied by a manufacturer to the acceptance of orders for goods to which this Order applies from a wholesaler or a person proposing to engage in trade as a wholesaler are unreasonable, the Commission shall so inform the manufacturer and the manufacturer shall make any alterations in such terms or conditions which the Commission may require.

5 Equitable application of terms and conditions to wholesalers

5.—(1) A manufacturer shall apply in an equitable manner to all persons engaged, or proposing to engage, in trade as wholesalers his terms and conditions in relation to the acceptance of orders for goods to which this Order applies and shall not withhold such goods from any such person who is willing and able to fulfil the relevant terms and conditions.

(2) A manufacturer shall not, as respects goods to which this Order applies, differentiate between one person engaged, or proposing to engage, in trade as a wholesaler and another such person by means of any rebate, refund, discount, credit or any other similar concession or by the provision of any service, facility or other consideration of value.

(3) Paragraphs (1) and (2) of this Article shall not prevent a manufacturer, during a probationary period of reasonable duration, from applying more favourable terms and conditions to a new entrant to trade in goods to which this Order applies, provided such terms and conditions are applied without discrimination to all new entrants to such trade.

(4) Paragraph (2) of this Article shall not apply to differentiation, based on bona fide considerations of creditworthiness, by a manufacturer as to the time within which payment is to be made to him for goods supplied.

GIVEN under my Official Seal, this 25th day of March, 1960.

(Signed) JOHN LYNCH,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The effect of this Order is to prohibit certain restrictive trade practices in relation to the supply and distribution of carpets, carpeting and floor rugs. The Order requires to be confirmed by an Act of the Oireachtas before it will have the force of law