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SCHEDULES

SCHEDULE 5N.I.SOLID FUEL

PART IIN.I.WEIGHING OF SOLID FUEL AT BUYER'S REQUEST

9.  If in the case of any solid fuel sold otherwise than by means of a vending machine, the buyer so requests—N.I.

(a)with respect to any of that fuel the delivery of which has not at the time of the request been completed; or

(b)if the request is made before the departure from the premises at which the fuel is delivered of the person delivering it, with respect to any of that fuel the delivery of which has been completed but which is still capable of identification,

the seller shall cause the fuel to be weighed by means of suitable weighing equipment in the presence of the buyer and, in the case of any fuel such as is mentioned in sub-paragraph ( a), before the delivery of that fuel is completed; and if this paragraph is contravened, the seller shall be guilty of an offence.

10.  Where a request under paragraph 9 is made in respect of the whole load of a vehicle, the requirements of that paragraph shall be deemed to be satisfied, notwithstanding that the weighing is not done in the presence of the buyer, if the seller causes the vehicle to be check-weighed and the statements of the weights found by the person or persons attending to the check-weighing to be delivered to the buyer.N.I.

11.  Where after weighing in pursuance of a request under paragraph 9 the weight of the solid fuel is found to be not less than, as the case may be,—N.I.

(a)that purporting to be contained in the relevant number of any securely closed containers in which the fuel is made up, having regard to the weight marked on each of those containers;

(b)that which is made known to the buyer in accordance with paragraph 3(1)( b);

(c)that purporting to be contained in the relevant number of containers having regard to the weight stated on a notice displayed on a vehicle in accordance with paragraph 5(2) or an indication of quantities so displayed in accordance with an order under paragraph 7(2)( a); or

(d)that stated by the seller in any document delivered to the buyer at or before the delivery of the fuel to him;

the buyer shall be liable to repay to the seller all costs reasonably incurred by the seller in connection with the weighing.