Hire-Purchase Act · 2024 Revised Edition · Part · General
39. Second-hand goods
Official textFrom Attorney General's Chambers, unchanged
Where goods comprised in a hire-purchase agreement are, at the time when the agreement is entered into, second-hand goods, then unless —
goods
“goods” includes any replacement or renewal by the hirer of any part or parts thereof and any accessories added or additions made thereto by the hirer during the period of the hiring;
the goods are described in the agreement as second-hand goods; or
in any proceedings taken by the owner to enforce the agreement, the court is satisfied that —
the hirer was aware at the time when he or his agent signed the agreement that the goods comprised or to be comprised therein were second-hand goods; or
the owner was not aware at the time when the agreement was entered into the goods comprised therein were second-hand goods, the liability of the hirer thereunder shall be reduced by the amount included in the agreement for terms charges.
The amount may be set-off by the hirer against the amount that would otherwise be due or become due to the owner under the agreement and, to the extent to which it is not so set-off, may be recovered by the hirer from the owner as a civil debt.
hirer
“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 rights or liabilities of the hirer under the agreement have passed by assignment or by operation of law;
Hire-Purchase
Terms defined in s 2
goods
Defined · s 2“goods” includes any replacement or renewal by the hirer of any part or parts thereof and any accessories added or additions made thereto by the hirer during the period of the hiring;
hire-purchase agreement
Defined · s 2“hire-purchase agreement” includes a letting of goods with an option to purchase and an agreement for the purchase of goods by instalments (whether the agreement describes the instalments as rent, hire or otherwise), but does not include any agreement — (a) whereby the property in the goods comprised therein passes at the time of the agreement or upon or at any time before delivery of the goods; or (b) under which the person by whom the goods are being hired or purchased is a person who is engaged in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement;
hirer
Defined · s 2“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 rights or liabilities of the hirer under the agreement have passed by assignment or by operation of law;
owner
Defined · s 2“owner” means a person who lets or has let goods to a hirer under a hire-purchase agreement and includes a person to whom the rights or liabilities of the owner under the agreement have passed by assignment or by operation of law;