An Act to providc for the reg ulation of hire-purchase and sale upon cre dit of Goods and for matters inci dcntal thcreto.
1. (1) T his Act may be cite d as the Hire-Purchase Shon l id.:. Act.
2. In this Act-
"action" includes counterclaim and set-off
" buyer" means a person who buys or agrees to buy goods;
"contract of guaranree " means, in relation to a hirepurchase or cre dit-sale ugreement , a contract rna de at the request, express or im plied, of the hirer or buyer to guarantee the perform ance of the hirer's or bu yer's obligations un der the hire-purchase agrecment or crc dit-sale ngreement, and the expression •• guara ntor" shall be construed accordi ngly;
"credit-sale agreemcnt" means an agreement for the sale of goods u ndcr which thc purchase price is payable by five or more instalments;
"delivery" mca ns vol untary tra nsfer of posscssion from one person to another;
" goods" incl udcs a11 chattels personal other than things i n actio n a n d money; the term i nc1u des emblemcnts, industrial growing crops, an d things attachcd to or forming part of thc la nd, which are agre cd to be severed before sale or u ndcr the contract of sale;
4 CAP. 201) LAWSOF A..'inGUA AKD BARBLllA
" hire-purchase agreement" means an agreement for the ba ilment of goo ds un der which the bailee may buy the goods or un der which th e prop erty in goo ds will o r may pass to th e bailee, and whcre by virtue of two or more ag reements , none of which by itself consritutes a hire-purch ase agrec mcnt, th ere is a ba ilmen t of goods and eithe r the bailee may buy the goo ds, o r the property therein will o r may pass to the bailce, th e agree ments shall be treated for the purposcs of this Act as a singlc agreement made at the time when th e last of the agree ments was made:
"hire-purchase price" means the total sum payable by the hirer under a hire-purchase agreement in orde r to complete the pu rchase of goods to which th e agreement relates, exclusive of an y sum payable as a pen alty o r as compc nsat ion or da mages for a breac h of th e ag ree ment and includes any sum payable by the hir er un der a hir e-purchase agreement by way of a depos it or othe r initi al paymc nt o r cred ited o r to be credited to hirn under such an ag ree ment on account of an y such deposit or paymcnt, whether th at sum is to be o r ha s becn paid to the owne r or to any othe r person or is to be or has been disc harge d by a paym eut of mon ey o r by the transfer o r delivery of goods or by any othe r mcan s;
"hirer" means the person who takes o r has taken goods from an owne r un der a hire-pu rchasc agree ment and iuclu dcs a pcrso n to who m th e hire r's right s o r liabiluies u nder th e ag ree ment have passed by ass ignmcnt o r by operation of law;
"owner" means th e person who proposcs to let, or has let goods to a hirer und er a hire-purch ase agreeme nt and includes a person to whom the owne r's property in the goods o r any of th e owne r's rights or liabilities un der the agreement has passed by assig nrnent o r by ope ration of law;
" property " means the general property in goods, an d not merely a special prope rty;
"sale" inc1udes a bargain an d sale, as weil as a sale delivery;
" se11er" means a person who sells or agrees to seil goods;
"total purchase price" tueans the total sum payable by the buy er under a credit-sale agreement , exclusive of any sum payab le as a penalty or as compensation or damages for a breach of the agreement;
" warranty" means an agreement with reference to goods which are the subject of a contract of sale, bu t collat eral to the main purpose of such contract, the breach of which gives rise to a claim for damage s but not a right to reject the go ods an d treat the contract as repudiated .