SALE OF GOODS ACT - 1962 (ACT 137)
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(1) A contract of sale of goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price, consisting wholly or partly of money.
(2) Where, by virtue of one or more contracts, a person has agreed for value to bail goods to a bailee on such terms that the property in the goods will or may at the option of the bailee pass to the bailee then, for the purposes of this Act, that person is deemed to have agreed to transfer the property in the goods to the bailee, and the bailor shall be deemed to be the seller and the bailee shall be deemed to be the buyer.
(3) There may be a contract of sale between one part owner and another.
(4) A contract of sale may be absolute or conditional.
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(1) In the case of a sale by auction -
(a) where goods are put up for sale in lots each lot is prima facie deemed to be the subject of a separate contract of sale;
(b) the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner;
(c) until such announcement is made any bidder may retract his bid and, subject to paragraph (d), the seller may withdraw the goods;
(d) where the sale is expressed to be without reserve the highest bona fide bidder shall be entitled to buy the goods at the price bid notwithstanding that the auctioneer refuses to accept his bid or to complete the sale;
(e) the seller or any one person on his behalf may bid if a right to bid is expressly reserved, but, subject to paragraph (f), not otherwise;
(f) where the sale is notified to be subject to a reserve price it shall be lawful for the seller or any person on his behalf to make one bid and no more; and such bid shall be openly declared at the auction before any other bid is received.
(2) Where there is a breach of any of the provisions of paragraph (e) or (f) of subsection (1) the buyer may treat the sale as fraudulent.
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(1) The goods which form the subject of a contract of sale may be either specific goods, identified and agreed upon before or at the time when the contract is made, or unascertained goods not being so identified and agreed upon.
(2) There may be a sale of goods to be manufactured or grown or acquired by the seller after the making of the contract.
(3) There may be a sale of goods the acquisition of which by the seller depends upon a contingency which may or may not happen.
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(1) The price in a contract of sale may be fixed by the contract or may be left to be fixed in manner thereby agreed, or may be determined by the course of dealing between the parties.
(2) Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case.
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(1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party, and the third party cannot or does not make such a valuation, the agreement is avoided.
(2) Where the third party is prevented from making the valuation by the fault of the seller or buyer the party not in fault may maintain an action for damages against the party in fault.
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(1) In a sale of specific goods the fundamental obligation of the seller is to deliver those goods to the buyer.
(2) In a sale of unascertained goods the fundamental obligation of the seller is to deliver to the buyer goods substantially corresponding to the description or sample by which they were sold.
(3) Any provision in a contract of sale which is inconsistent with, or repugnant to, the fundamental obligation of the seller, is void to the extent of the inconsistency or repugnance.
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(1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell the buyer may reject them but if he accepts the goods so delivered he must pay for them at the contract rate.
(2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell the buyer may not reject all the goods delivered by reason only of the excess in quantity but he may accept all the goods so delivered, paying for the extra goods at the contract rate, or he may accept the goods which should have been delivered and reject the remainder. In the latter event the buyer may recover damages from the seller representing the cost, if any, of separating the goods which should have been delivered from the remainder.
(3) Where the seller delivers to the buyer the goods he contracted to sell together with goods of a different description not included in the contract-
(a) the buyer may accept all the goods so delivered, paying a reasonable price for the extra goods; or
(b) if the goods which the seller contracted to sell and has delivered are less than the quantity specified in the contract, the buyer may reject the whole; or
(c) the buyer may accept the goods included in the contract and reject the remainder. In this event the buyer may recover damages from the seller representing the cost (if any) of separating the goods included in the contract from the remainder, and also damages (if any) in respect of the deficiency (if any) in the goods delivered.
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(1) If no time is fixed for the delivery of the goods, they must be delivered within a reasonable time.
(2) Unless a contrary intention appears stipulations as to the time of delivery are conditions of a contract of sale.
(3) The parties to a contract of sale may, whether with or without consideration, agree that delivery should be made at a date or time other than that stipulated for in the contract, and in this event, the seller is bound to deliver and the buyer is bound to accept delivery of, the goods at that date or time unless the parties agree to any further change.
(4) Where the buyer agrees to accept delivery from the seller at a date later than stipulated in the contract without substituting another date therefor the seller must deliver the goods within a reasonable time, having regard in particular to the reasons for which delivery was postponed, and the buyer may, on reasonable notice to the seller, notify him of the latest date on which delivery will be accepted.
(5) Where the seller contracts to use his best endeavours to deliver the goods on, or not later than, a given date the seller must, unless a contrary intention appears (but without prejudice to his obligations so to use his best endeavours), deliver the goods within a reasonable time after that date.
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(1) Where, in pursuance of a contract of sale the seller is authorised or required to send the goods to the buyer by a carrier, there is an implied condition that the seller shall make such contract with the carrier on behalf of the buyer as may be reasonable having regard to all the circumstances of the case.
(2) Unless otherwise agreed where goods are sent by the seller to the buyer by a route involving sea or air transit in circumstances in which it is usual to insure, the seller must give such notice (if any) as may be required by the buyer to enable him to insure them during the sea or air transit, and if the seller fails to do so the goods shall be at his risk during such transit.
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(1) Subject to section 25 of this Act, the property in goods passes under a contract of sale when the parties intend it to pass.
(2) Unless a different intention appears the property in the goods passes under a contract of sale when they are delivered to the buyer.
(3) Where goods are delivered to the buyer on approval or "on sale or return" or other similar terms, then, in the absence of a contrary intention, the property therein passes to the buyer-
(a) when he signifies his approval or acceptance to the seller or does any other act adopting the transaction;
(b) if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and if no time has been fixed, on the expiration of a reasonable time.
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(1) Subject to section 25 of this Act, the property in goods passes under a contract of sale when the parties intend it to pass.
(2) Unless a different intention appears the property in the goods passes under a contract of sale when they are delivered to the buyer.
(3) Where goods are delivered to the buyer on approval or "on sale or return" or other similar terms, then, in the absence of a contrary intention, the property therein passes to the buyer-
(a) when he signifies his approval or acceptance to the seller or does any other act adopting the transaction;
(b) if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and if no time has been fixed, on the expiration of a reasonable time.
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(1) Subject to the provisions of this Act and of any other enactment where goods are sold by a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title than the seller had.
(2) Nothing in this section affects the operation of the doctrine of estoppel, or any power of sale which may be conferred by or under any enactment or by a contract of pledge or otherwise.
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Where a person has a voidable title to goods any sale, pledge or other disposition for value made by that person before his title to the goods has been avoided shall be as effective as if his title were not voidable, if the person taking under the disposition acts in good faith and without notice of the defect in title of the person making the disposition.
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(1) Where a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title to goods, any sale, pledge or other disposition for value of the goods or documents of title made by him apparently in the ordinary course of his business as a mercantile agent, shall be as valid as if he were expressly authorised by the owner of the goods to make the same, if the person taking under the disposition acts in good faith, and has not at the time of the disposition notice that the mercantile agent has not authority to make the same.
(2) Where a mercantile agent has, with the consent of the owner, been in possession of goods or of the documents of title to goods, any sale, pledge or other disposition for value, which would have been valid if the consent had continued, shall be valid notwithstanding the determination of the consent unless the person taking under the disposition has at the time thereof notice that the consent has been determined.
(3) Where a mercantile agent has obtained possession of any documents of title to goods by reason of his being or having been, with the consent of the owner, in possession of the goods represented thereby, or of any other documents of title to the goods, his possession of the first mentioned documents shall, for the purposes of this section, be deemed to be with the consent of the owner.
(4) For the purposes of this section the consent of the owner shall be presumed unless the contrary is proved.
(5) The goods or documents of title thereto are not deemed to be in the possession of a mercantile agent within the meaning of this section unless they are in his possession in his capacity as mercantile agent.
(6) Nothing in this section affects the liability of a mercantile agent to the owner for any wrongful sale, pledge or other disposition of the goods or documents of title.
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(1) Where a person having agreed to sell goods continues or is in possession of them after the property has passed to the buyer, the delivery or transfer by the seller, of the goods or documents of title under any contract for sale, pledge or other disposition for value thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the seller were expressly authorised by the original buyer to make the same.
(2) This section applies whether the seller is in possession of the goods as bailee or in any other capacity.
(3) Nothing in this section-
(a) derogates from the powers of a seller in whom the property in the goods is vested; or
(b) affects the liability of the seller to the buyer for any wrongful sale, pledge or other disposition for value of the goods or documents of title.
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(1) For the purposes of the provisions of this Part relating to dispositions of goods to persons receiving the same in good faith and without notice of defects in title, where a motor vehicle is licensed by a licensing authority under the provisions of the Road Traffic Ordinance, 1952 (No.55) every person shall be deemed to have notice of the ownership or interest (if any) of the person in whose name it is so licensed.
(2) The Minister responsible for trade may, with the concurrence of the Minister responsible for licensing authorities, make regulations by legislative instrument -
(a) prescribing the forms to be used and fees to be paid by persons wishing to inspect the records of a licensing authority;
(b) providing that a copy of an entry in the records of a licensing authority purporting to be signed and certified as a true copy by the person in charge of the licensing office shall be admissible in evidence in any legal proceedings; and
(c) generally for giving effect to this section.
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(1) The seller of goods is an unpaid seller within the meaning of this Part -
(a) when the whole of the price has not been paid or tendered;
(b) when a bill of exchange or other negotiable instrument has been received as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise.
(2) In this Part the term "seller" includes any person who is in the position of a seller as, for instance, an agent of the seller to whom the bill of lading has been endorsed, or a consignor or agent who has himself paid or is directly responsible for the price.
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(1) Subject to the provisions of this Act, when the buyer of goods becomes insolvent an unpaid seller who has parted with the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in course of transit and may retain them until payment or tender of the price.
(2) A contract of sale is not rescinded by reason only that the seller has exercised his right of stoppage in transit.
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(1) Goods are in course of transit from the time when they are delivered to a carrier or other bailee until the buyer takes delivery of them from the carrier or bailee.
(2) If the buyer obtains delivery of the goods before their arrival at the appointed destination the transit is at an end.
(3) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer that he holds the goods on his behalf and continues in possession of them as bailee for the buyer, then subject to subsection (4), the transit is at an end, and it is immaterial that a further destination for the goods may have been indicated by the buyer.
(4) If the goods are rejected by the buyer and the carrier or other bailee continues in possession of them the transit is not deemed to be at an end even if the seller refuses to receive them back.
(5) When goods are delivered to a ship chartered by the buyer it is a question depending on the circumstances of the case whether they are in the possession of the master as a carrier, or as agent for the buyer.
(6) Where the carrier or other bailee wrongfully refuses to deliver the goods to the buyer, the transit is deemed to be at an end.
(7) Where part delivery has been made to the buyer the remainder of the goods may be stopped in transit unless the part delivery has been made under such circumstances as to show an agreement to waive the right of stoppage in transit.
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An unpaid seller may exercise his right of stoppage in transit either by taking actual possession of the goods, or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
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(1) The right of an unpaid seller to take possession of goods which he has stopped in transit is subject to a particular lien (if any) of the carrier or other bailee in respect of freight due on the goods, but takes priority over any other lien.
(2) Where notice of stoppage in transit is given by the seller to the carrier or other bailee in possession of the goods, the seller is bound to give instructions within a reasonable time to the carrier or other bailee with respect to the redelivery of the goods to the seller or his order, and the carrier is bound to deliver the goods according to those instructions. The expenses of such redelivery as well as of the original carriage must, as between the seller and the carrier, be borne by the seller.
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Where an unpaid seller exercises his right of stoppage in transit over goods which are lost or damaged, or which deteriorate, in transit, then, as between the seller and the buyer, the proceeds of any policy of insurance respecting the goods shall be payable -
(a) to the seller if the insurance was effected by him and he exercises his right of stoppage in transit before the loss, damage or deterioration occurs;
(b) to the buyer, in any other case.
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Where a seller has a right of lien or stoppage in transit over goods -
(a) if the seller assents to a resale or other disposition by the buyer he loses his right of lien or stoppage in transit;
(b) if the buyer resells the goods or documents of title thereto in such circumstances that the resale is effective to pass a title, under section 32 of this Act or otherwise, the seller loses his right of lien or stoppage in transit;
(c) if the buyer disposes of the goods or the documents of title thereto otherwise than by way of sale, in such circumstances that the disposition is effective under section 32 of this Act or otherwise, the seller may exercise his right of lien or stoppage in transit subject to the rights of any person claiming by or under such disposition as aforesaid.
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(1) Where, under a contract of sale of goods, the property has passed to the buyer, and the buyer wrongfully refuses or neglects to pay for the goods according to the terms of the contract, the seller may maintain an action against him for the price of the goods.
(2) Where, under a contract of sale of goods, the price or a part thereof is payable on a day certain, and the buyer wrongfully neglects or refuses to pay the price or the part which has become due, according to the terms of the contract, the seller may maintain an action for the price or the part which has become due, as the case may be, notwithstanding that the property in the goods may not have passed to the buyer.
(3) Where, under a contract of sale of goods, the seller delivers part only of the goods and the buyer accepts or is bound to accept that part, the seller may maintain an action against the buyer for a proportionate part of the price without prejudice to any counterclaim by the buyer for damages in accordance with section 53 of this Act. This subsection does not apply to any contract to which Part I of the Contracts Act, 1960 (Act 25) applies.
(4) Nothing in this section prevents a seller from maintaining an action for damages in addition to an action for the price where the circumstances warrant.
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(1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods in accordance with the terms of the contract the seller may maintain an action against him for damages for non-acceptance.
(2) In a contract for the sale of goods to be delivered by instalments -
(a) if each instalment is to be separately paid for subsection (1) shall apply to each instalment separately:
Provided that where the buyer has by his words or conduct shown an intention to repudiate the contract the seller may, if he accepts the repudiation, maintain an action for damages for non-acceptance in respect of all the goods;
(b) in any other case, such a breach as is referred to in subsection (1) in respect of one or more instalments shall be treated for the purposes of that subsection as though it were a breach in respect of the whole contract or of all the remaining part of the contract, as the case may be.
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(1) The measure of damages in an action under section 47 of this Act is the loss which could reasonably have been foreseen by the buyer at the time when the contract was made as likely to arise from his breach of contract.
(2) Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price-
(a) if a time has been fixed for acceptance, or if the buyer repudiates the contract before the time of performance, and the seller does not accept the repudiation, at the time or times when the goods ought to have been accepted;
(b) in any other case, at the time or times of the refusal to accept the goods.
(3) In this section a time is not deemed to have been fixed for acceptance by reason only that the goods are to be accepted within a reasonable time.
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(1) Where goods are delivered to the buyer and he rejects them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he rejects them.
(2) After the buyer has intimated to the seller that he rejects the goods the seller is entitled to have the goods placed at his disposal:
Provided that where the buyer has paid the price or any part thereof he may retain the possession of the goods until the seller repays or tenders the amounts he has received from the buyer.
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The buyer is deemed to have accepted the goods when-
(a) he intimates to the seller that he accepts them; or
(b) he does not, within a reasonable time after delivery of the goods, inform the seller that he rejects them; or
(c) he wrongfully refuses or neglects to place the goods at the disposal of the seller after notifying the seller that he rejects them.
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Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, in accordance with the terms of the contract, or where the buyer rejects the goods delivered by the seller having the right so to do, the buyer may maintain an action against the seller for damages for non-delivery.
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(1) The measure of damages in an action under section 53 of this Act is the loss which could reasonably have been foreseen by the seller at the time when the contract was made as likely to result from his breach of contract.
(2) Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the market or current price and the contract price -
(a) if a time has been fixed for delivery, or if the seller repudiates the contract before the time of performance, and the buyer does not accept the repudiation, at the time or times when the goods ought to have been delivered;
(b) in any other case, at the time or times of the refusal to deliver the goods.
(3) In this section a time is not deemed to have been fixed for delivery by reason only that the goods are to be delivered within a reasonable time.
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In any action for breach of contract to deliver specific or ascertained goods the Court may, if it thinks fit, by its judgment direct that the contract should be specifically performed without giving the seller the option of retaining the goods on payment of damages. The judgment may be unconditional or upon such terms as to damages, costs and otherwise as the Court may think fit.
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(1) The provisions of Parts I to VI of this Act shall, in relation to c.i.f. and f.o.b. contracts, be subject to the provisions of this Part.
(2) The provisions of this Part shall apply, with any necessary modifications to contracts analogous to c.i.f. or f.o.b. contracts respectively, and in particular to c. and f. contracts, f.o.r. contracts and f.a.s. contracts.
(3) In this Part -
"c.i.f" means cost, insurance, freight;
"f.o.b." means free on board;
"c. and f." means cost and freight;
"f.o.r." means free on rail;
"f.a.s." means free alongside.
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(1) In a c.i.f. contract, unless a contrary intention appears-
(a) it is the duty of the seller to obtain any necessary export licence;
(b) it is the duty of the buyer to obtain any necessary import licence.
(2) In a f.o.b. contract, unless a contrary intention appears-
(a) where the buyer is resident in the country from which shipment is to be made, it is the duty of the buyer to obtain any necessary export licence;
(b) in any other case, it is the duty of the seller to obtain any necessary export licence;
(c) it is the duty of the buyer to obtain any necessary import licence.
(3) Where a party is under a duty, whether under this section or otherwise, to obtain any necessary export or import licence, it is a question depending on all the circumstances of the case whether the duty is discharged where the party has used his best endeavours to obtain a licence, but nevertheless has not obtained one, or whether he is still bound to deliver or, as the case may be, to accept delivery of the goods.
(4) In a c.i.f. or f.o.b. contract the party who is required to obtain any necessary export licence is, unless a contrary intention appears, bound to pay any export taxes or dues in the nature of taxes, and the party who is required to obtain any necessary import licence is, in the absence of a contrary intention, bound to pay any import taxes, or customs duties or dues in the nature of taxes.
(5) In this section export and import licences include all permits without which it would be illegal to export or import the goods from or to, the country in question.
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In a c.i.f. contract, unless a contrary intention appears -
(a) the seller is bound at his own expense, to ship the goods during the agreed period, if any, to the port agreed upon or to acquire goods afloat which have been so shipped;
(b) the seller is bound, at his own expense, to effect on the goods an insurance of the type normal for goods and a voyage of the kind in question;
(c) the seller is bound to transfer to the buyer proper shipping documents in accordance with the terms of the contract;
(d) the buyer is bound to take up proper shipping documents and, on doing so, to pay the price in accordance with the terms of the contract;
(e) the goods are deemed to be delivered to the buyer, and the property therein accordingly passes to the buyer, on the transfer to him of the bills of lading;
(f) the risk in the goods passes to the buyer when they are shipped or acquired afloat.
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In a f.o.b. contract, unless a contrary intention appears -
(a) the buyer is entitled and bound to nominate a ship to the seller calling during the agreed period, if any, at the agreed, or where the buyer has an option, one of the agreed, ports, and ready and willing to carry the goods;
(b) the seller is bound, at his own expense, to have the goods loaded on the ship nominated by the buyer;
(c) the seller is bound to give such notice to the buyer as required by section 20(2) of this Act except where the buyer already has the necessary information;
(d) the seller is not bound to effect any insurance on the goods;
(e) the seller is bound to transmit to the buyer bills of lading by which the goods are deliverable to the buyer or his order or to transfer to the buyer bills of lading by which the goods are deliverable to the seller or his order;
(f) where by the bills of lading, the goods are deliverable to, or to the order of the seller, the property passes to the buyer when the bills of lading are transferred to him, and where by the bills of lading the goods are deliverable to, or to the order of the buyer, the property passes to the buyer when the goods are shipped;
(g) the risk in the goods passes to the buyer when they are shipped.
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(1) Before any hire-purchase contract is entered into in respect of any goods, the seller shall state in writing to the prospective buyer (otherwise than in the note or memorandum referred to in subsection (3)), a price at which the goods may be purchased by him for cash (in this Part referred to as the "cash price"), and shall also state the cash price to the purchaser orally.
(2) Subsection (1) shall be deemed to have been sufficiently complied with if the seller states the cash price to the buyer orally, and-
(a) if the buyer has inspected the goods or like goods and at the time of his inspection tickets or labels were attached to or displayed with the goods clearly stating the cash price, either of the goods as a whole or of all the different articles or sets of articles comprised therein; or
(b) if the buyer has selected the goods by reference to a catalogue, price list, or advertisement, which clearly stated the cash price either of the goods as a whole or of all the different articles or sets of articles comprised therein.
(3) A seller shall not be entitled to enforce a hire-purchase contract or any contract of guarantee relating thereto or any right to recover the goods from the buyer, and no security given by the buyer in respect of money payable under the hire-purchase contract or given by the guarantor in respect of money payable under such a contract of guarantee as aforesaid shall be enforceable against the buyer or guarantor by any holder thereof, unless the requirement specified in subsection (1) has been complied with, and -
(a) a note or memorandum of the agreement is made and signed by the buyer and by or on behalf of all other parties to the agreement, and
(b) the note or memorandum contains a statement of the hire-purchase price and the cash price of the goods to which the agreement relates and of the amount of each of the instalments by which the price is to be paid and of the date or the mode of determining the date upon which each instalment is payable, and contains a list of the goods to which the agreement relates sufficiently to identify them, and
(c) the note or memorandum contains a notice which is at least as prominent as the rest of the contents of the note or memorandum, in the terms prescribed in the First Schedule to this Act, and
(d) a copy of the note or memorandum is delivered or sent to the buyer within fourteen days of the making of the agreement.
(4) If the Court is satisfied in any action that a failure to comply with the requirement specified in subsection (1) or any requirement specified in paragraph (b), (c) or (d) of subsection (3) has not prejudiced the buyer and that it would be just and equitable to dispense with the requirement, the Court may, subject to any conditions that it thinks fit to impose, dispense with that requirement for the purposes of the action.
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(1) Before any hire-purchase contract is entered into in respect of any goods, the seller shall state in writing to the prospective buyer (otherwise than in the note or memorandum referred to in subsection (3)), a price at which the goods may be purchased by him for cash (in this Part referred to as the "cash price"), and shall also state the cash price to the purchaser orally.
(2) Subsection (1) shall be deemed to have been sufficiently complied with if the seller states the cash price to the buyer orally, and-
(a) if the buyer has inspected the goods or like goods and at the time of his inspection tickets or labels were attached to or displayed with the goods clearly stating the cash price, either of the goods as a whole or of all the different articles or sets of articles comprised therein; or
(b) if the buyer has selected the goods by reference to a catalogue, price list, or advertisement, which clearly stated the cash price either of the goods as a whole or of all the different articles or sets of articles comprised therein.
(3) A seller shall not be entitled to enforce a hire-purchase contract or any contract of guarantee relating thereto or any right to recover the goods from the buyer, and no security given by the buyer in respect of money payable under the hire-purchase contract or given by the guarantor in respect of money payable under such a contract of guarantee as aforesaid shall be enforceable against the buyer or guarantor by any holder thereof, unless the requirement specified in subsection (1) has been complied with, and -
(a) a note or memorandum of the agreement is made and signed by the buyer and by or on behalf of all other parties to the agreement, and
(b) the note or memorandum contains a statement of the hire-purchase price and the cash price of the goods to which the agreement relates and of the amount of each of the instalments by which the price is to be paid and of the date or the mode of determining the date upon which each instalment is payable, and contains a list of the goods to which the agreement relates sufficiently to identify them, and
(c) the note or memorandum contains a notice which is at least as prominent as the rest of the contents of the note or memorandum, in the terms prescribed in the First Schedule to this Act, and
(d) a copy of the note or memorandum is delivered or sent to the buyer within fourteen days of the making of the agreement.
(4) If the Court is satisfied in any action that a failure to comply with the requirement specified in subsection (1) or any requirement specified in paragraph (b), (c) or (d) of subsection (3) has not prejudiced the buyer and that it would be just and equitable to dispense with the requirement, the Court may, subject to any conditions that it thinks fit to impose, dispense with that requirement for the purposes of the action.
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(1) A buyer may, at any time before the final payment under a hire-purchase contract falls due, and not withstanding anything in the contract, determine the contract by returning the goods to the seller.
(2) On the termination of a contract of hire purchase, whether by the seller lawfully retaking the possession of the goods from the buyer, or under the provisions of subsection (1) or otherwise, then, without prejudice to any liability which has accrued before the termination, the buyer shall be liable to pay to the seller the amount, if any, by which one-half of the hire-purchase price exceeds the total of the sums paid and the sums due in respect of the hire-purchase price immediately before the termination.
(3) where a hire-purchase contract has been determined under this section, the buyer shall, if he has failed to take reasonable care of the goods, be liable to pay damages for the failure.
(4) Nothing in this section affects-
(a) any right of a buyer to determine a hire-purchase contract otherwise than by virtue of this section;
(b) any contract of hire-purchase which is the subject of an order of the court under section 70 of this Act.
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Where a hire-purchase contract provides that the buyer shall not assign or part with the possession or control of the goods:-
(1) the buyer shall on the written request of the seller, inform him where the goods are at the time when the information is given or, if it is sent by post, at the time of posting, and if the buyer fails without reasonable cause to give the information within fourteen days of receiving the request, he shall be liable on conviction to a fine not exceeding ten pounds;
(2) if the buyer, before the property has passed to him, resells, pledges or otherwise disposes of the goods for value to a third party in such circumstances that section 32 of this Act gives rights in the goods to the third party, he shall be guilty of a misdemeanour.
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(1) At any time before the final payment has been made under a hire-purchase contract, the seller shall, within seven days after he has received a request in writing from the buyer and the buyer has tendered to him the sum of one shilling for expenses, supply to the buyer a copy of any memorandum or note of the agreement, together with a statement signed by the seller or his agent showing-
(a) the amount paid by or on behalf of the buyer;
(b) the amount which has become due under the contract but remains unpaid, and the date upon which each unpaid instalment became due, and the amount of each such instalment, and
(c) the amount which is to become payable under the contract, and the date or the mode of determining the date upon which each future instalment is to become payable, and the amount of each such instalment.
(2) In the event of a failure without reasonable cause to comply with subsection (1), then, while the default continues-
(a) the seller shall not be entitled to enforce the agreement against the buyer or to enforce any contract of guarantee relating to the contract, and the seller shall not be entitled to enforce any right to recover the goods from the buyer, and
(b) no security given by the buyer, in respect of money payable under the contract or given by a guarantor in respect of money payable under such a contract of guarantee shall be enforceable against the buyer or the guarantor by any holder thereof,
and, if the default continues for a period of one month, the defaulter shall be guilty of an offence under this section and shall be liable on conviction thereof to a fine not exceeding ten pounds.
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(1) The Minister responsible for trade may by legislative instrument make regulations providing for the regulation and control of the selling under hire-purchase contracts of goods or of any class or description of goods.
(2) Without prejudice to the generality of subsection (1), regulations may provide for-
(a) the form of contracts,
(b) limiting the rate of interest and other charges,
(c) the minimum deposit to be paid by a buyer,
(d) the maximum period of payment, and the amount and frequency of instalments or rentals,
(e) the appropriation of payments as between two or more contracts between the same seller and buyer,
(f) the information to be given in any advertisement or announcement published or made in any form or manner whatsoever relating to goods for sale by way of hire-purchase regarding the terms upon which the goods will be sold,
(g) the inclusion in any such advertisement or announcement of a statement of the price at which the goods will be sold for cash.
(3) Regulations under this section may also provide that a person who sells goods to which the regulations apply shall not be entitled to enforce any agreement for such sale or any right to recover the goods unless specified provisions of the regulations are complied with.
(4) Regulations under this section may also prescribe whether for goods generally or for any class or description of goods, a minimum percentage for the purposes of sections 69 and 70 of this Act in lieu of fifty per cent.
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(1) Subject to subsection (2), this Part applies to every contract.
(2) The application of this Part, or of any provision thereof, may, in the case of a contract in which the cash price of the goods exceeds lbG1,000, be excluded by agreement between the parties.
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Subject to the provisions of this Act, the rights, duties and liabilities of the parties to a contract of sale, as laid down in this Act may, as between the parties themselves, be varied by express agreement, or by the course of dealing between the parties, or by trade usage, or by a custom (whether a rule of customary law or not) which the parties may be taken to have agreed to be applicable to the contract.
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