period stated and take into consideration all representation so submitted. LAWS OF MALAWI Merchandise marks Cap. 49:04 PART III MISCELANEOUS 17. 18. 19. Every person who sells any goods to which a trade mark or trade description has been applied shall be deemed to warrant that the mark is a genuine trade mark and not forged or falsely applied or that the trade description is not a false trade description, as the case may be, unless the contrary is expressed in writing signed by the seller or on his behalf and delivered at the time of the sale to and accepted by the purchaser. No person shall sell in any bottle, to which or to the stopper of which have been indelibly applied words indicating that the bottle is the property of a named person, goods resembling or so nearly resembling goods manufactured or produced for sale in any such bottle by such named person as to be likely to deceive. (1) The Minister may appoint any person to be an inspector for the purposes of this Act. (2) Any inspector who produces a certificate of his appointment under subsection (1) or any police officer may, at any time during the hours when the premises are open for business, enter any premises on which he has reason to believe there are kept for sale any goods, whether imported into or manufactured in Malawi, and, on giving a receipt therefore, may, without payment, take and, remove samples of any such goods for examination or inspection or for any other purpose relating to this Act. (3) A police officer or inspector taking a sample in terms of subsection (2) shall forthwith notify the person on whose premises the sample is taken, or his agent, that the sample is taken in pursuance of this Act and shall, if required so to do at the time of giving such notification, select a second like sample or, if practicable, divide the sample into two parts and mark and seal and leave with that person or agent either the second sample or one part of the divide sample. (4) Any sample taken by a police officer or inspector under the powers conferred upon him by subsection (3) shall, whenever possible, be returned by him to the person from whose premises it was removed or to his agent. (5) No person shall obstruct a police officer or inspector in the execution of the powers conferred upon such officer or such inspector by this section. Implied w arranty on sale of marked goods. Sale of goods in bottles m arked with ow ner’s name. Appointment of inspectors a nd powers of police officers a nd inspectors.