HIRE-PURCHASE ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
General

Consumer protection prior to the making of an agreement

   3   Regulation of advertisements re hire-purchase or credit sale or conditional sale

   4   Duties of vendors prior to agreement

   5   Requirement that information be furnished retarding cash price

   6   Requirement that agreements contain prescribed information

   7   Requirement that copies of agreement be furnished to purchaser

 

Regulation of agreements-
Representations, conditions and warranties

   8   Certain representations deemed to be made by an agent of owner or seller

   9   Implied conditions and warranties

   10   Provision as to exclusion of implied conditions and warranties

   11   Further implied conditions in special cases

   12   Special provision as to conditional sale agreements

 

Regulation of rights and duties subsequent to agreement

   13   Vendor to supply information and copy to purchaser

   14   Requirements relating to contracts of guarantee

   15   Further documents to be supplied to guarantor

   16   Duty of purchaser to give vendor information re location of goods

 

Rebate in purchase price and interest on late payment

   17   Rebate on early payment, etc

   18   Right to terminate agreement

   19   Liability of purchaser giving notice of termination

   20   Installation charges

   21   Power of vendor to insure goods if purchaser fails to do so

 

Avoidance of certain provisions and contracts

   22   General provisions

   23   Provisions relating to death of hirer or buyer

 

PART III
Recovery of possession and other remedies

   24   Restriction on right to recover possession of goods

   25   Recovery of possession in default of payment and on improper alienation

   26   Power to authorise repossession of goods

   27   Action by vendor to recover possession of goods from purchaser

   28   Effect of postponement of operation of an order for specific delivery of goods to the owner

   29   Powers of the Court to deal with payments arising on determination of vending agreements

   30   Distress for rent and bankruptcy

   31   Purchaser's refusal to surrender goods not to be conversion in certain cases

   32   Evidence of adverse detention of goods

   33   Appropriation of payments

   34   Payment otherwise than in money

 

PART IV
Application of this Act to prescribed bills of sale

   35   Interpretation of this Part

   36   Exclusion of consumers' bills of sale from the provisions of the Bills of Sale Act

   37   Application of provisions of this Act to consumers' bills of sale

 

PART V
Supplementary

   38   Regulations

      SCHEDULES

 

THE HIRE-PURCHASE ACT

[Date of Commencement: 1st October, 1974]

Acts
19 of 1974,
15 of 1979.

PART I
Preliminary

1   Short title

   (1) This Act may be cited as the Hire-Purchase Act.

   (2) This Act shall not have effect in relation to any hire-purchase agreement, credit sale agreement, consumer's bill of sale or conditional sale agreement made before the 1st October, 1974.

2   Interpretation

   (1) In this Act-

   "action", "buyer" (except in relation to a conditional sale agreement), "delivery", "goods", "property", "sale", "seller" (except in relation to a conditional sale agreement) and "warranty" have the meanings assigned to them respectively by the Sale of Goods Act;

   "buyer", in relation to a conditional sale agreement, means the person who agrees to purchase goods under the agreement and includes a person to whom the rights or liabilities of that person under the agreement have passed by assignment or by operation of law;

   "cash price", in relation to any goods, means the price in which the goods may be purchased by the purchaser for cash;

   "conditional sale agreement" means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;

   "consumer's bill of sale" has the meaning assigned to it by section 35;

   "contract of guarantee", in relation to a vending agreement, means a contract, made at the request (express or implied) of the purchaser, either to guarantee the performance of the purchaser's obligations under the vending agreement, or to indemnify the vendor against any loss which he may incur in respect of that agreement, and "guarantor" shall be construed accordingly;

   "credit sale agreement" means an agreement for the sale of goods under which the purchase price is payable by five or more instalments, not being a conditional sale agreement;

   "disposal", in relation to goods, includes-

   (a)   the disposal of the ownership of the goods, or of any proprietary interest in them, or of the right to possession of the goods; and

   (b)   the disposal of the possession of the goods, whether or not accompanied by any disposal of the ownership of the goods, or of any proprietary interest in them, or of the right to possession of them;

   "hire-purchase agreement" (subject to subsection (6)) means an agreement for the bailment of goods under which the bailee may buy the goods, or under which the property in the goods will or may pass to the bailee;

   "hire-purchase price" (subject to subsection (2)) means the total sum payable by the hirer under a hire purchase agreement in order to complete the purchase of goods to which the agreement relates, exclusive of any sum payable as a penalty or as compensation or damages for a breach of the agreement;

   "hirer" means the person who takes or has taken goods from an owner under a hire-purchase agreement and includes a person to whom the hirer's rights or liabilities under the agreement have passed by assignment or by operation of law;

   "owner" means the person who lets or has let goods to a hirer under a hire-purchase agreement and includes a person to whom the owner's property in the goods or any of the owner's rights or liabilities under the. agreement has passed by assignment or by operation of law;

   "purchaser" means-

   (a)   in relation to a hire-purchase agreement, the hirer; and

   (b)   in relation to a conditional sale agreement or a credit sale agreement, the buyer;

   "seller", in relation to a conditional sale agreement, means the person who agrees to sell goods under the agreement and includes a person (other than the buyer) to whom that person's property in the goods or any of that person's rights or liabilities under the agreement has passed by assignment or by operation of law;

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