[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 13

1954 c.33

13.(1) The provisions of this section shall have effect where a
notice of cancellation is served, and at any time, whether before or after the
service of that notice, any of the goods to which the relevant document
relates are in the possession of the prospective hirer or buyer, having come
into his possession in consequence, or in anticipation, of his signing that
document.

(2) The prospective hirer or buyer shall not be under any obligation (whether
arising by contract or otherwise) to deliver the goods except at his own
premises and in pursuance of a request in writing signed by or on behalf of
the person entitled to possession of the goods and served on the prospective
hirer or buyer either before, or at the time when, the goods are collected
from his premises; and any such obligation shall be subject to any lien, or
other right to retain the goods, which he may have under section 14(2) or
section 15(3).

(3) If the prospective hirer or buyer

(a)delivers the goods (whether at his own premises or elsewhere) to an
authorised person, or to a person designated for the purpose by an
authorised person, or

(b)sends the goods at his own expense to an authorised person,

(4) Subject to the following provisions of this section, the prospective hirer
or buyer shall be under an obligation to take reasonable care of the goods
until the end of the period of twenty-one days beginning with and including
the date of service of the notice of cancellation.

(5) Where the prospective hirer or buyer delivers the goods as mentioned in
paragraph (a) of subsection (3), his obligation to take care of the goods
shall thereupon cease; and if he sends the goods to an authorised person as
mentioned in paragraph (b) of that subsection, he shall be under an obligation
to take reasonable care to see that they are received by that person and are
not damaged in transit to him, but in other respects his obligation to take
care of the goods shall cease on his sending the goods to that person.

(6) Where, at any time during the period of twenty-one days mentioned in
subsection (4), the prospective hirer or buyer receives such a request as is
mentioned in subsection (2), and unreasonably refuses or unreasonably fails to
comply with it, his obligation to take reasonable care of the goods shall
continue until he delivers or sends the goods as mentioned in paragraph (a) or
paragraph (b) of subsection (3).

(7) Any obligation under subsections (4) to (6) shall be owed to the person
for the time being entitled to possession of the goods, and any breach of that
obligation shall be actionable at the suit of that person, as a breach of
statutory duty.

(8) Except as provided by subsections (4) to (7), the prospective hirer or
buyer shall not be under any obligation (whether arising by contract or
otherwise) to take care of the goods by reason of their having come into his
possession as mentioned in subsection (1).

(9) In this section "authorised person" means a person falling within any one
or more of the following descriptions, that is to say

(a)the person who conducted any antecedent negotiations in pursuance of which
the prospective hirer or buyer signed the relevant document;

(b)the person for the time being entitled to possession of the goods;

(c)the owner or seller;

(d)any person who is specified, as mentioned in section 12(1)(a), as a person
to whom a notice of cancellation may be sent,

Re-delivery, and interim care, of goods comprised in notice of cancellation.

© 1966 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/hai1966300/s13.html