- substance under paragraph (c) that are relevant to its safe use;
- (b) that the machinery, equipment or hazardous substance is safe, and without risk to health, when properly used;
- (c) that the machinery, equipment or hazardous substance is tested and examined so as to comply with the obligation imposed by paragraph (b).
(2) The duties imposed on any person specified in subsection (1) shall—
- (a) apply only if the machinery, equipment or hazardous substance is manufactured or supplied in the course of trade, business, profession or undertaking carried on by the person, whether for profit or not;
- (b) apply whether or not the machinery, equipment or hazardous substance is exclusively manufactured or supplied for use by persons at work; and
- (c) extend to the supply of the machinery, equipment or hazardous substance by way of sale, transfer, lease or hire and whether as principal or agent, and to the supply of the machinery, equipment or hazardous substance to a person for the purpose of supply to others.
(3) The duties imposed on any person specified in subsection (1) shall not apply to a person by reason only that the person supplies the machinery or equipment under a hire-purchase agreement, conditional sale agreement or credit-sale agreement to another (referred to in this section as the customer) in the course of a business of financing the acquisition of the machinery or equipment by the customer from others.
(4) Where a person (referred to in this subsection as the ostensible supplier) supplies any machinery or equipment for use at work to a customer under a hire-purchase agreement, conditional sale agreement or credit-sale agreement, and the ostensible supplier—
- (a) carries on the business of financing the acquisition of goods by others by means of such agreements; and
- (b) in the course of that business acquired his interest in the machinery or equipment supplied to the customer as a means of
