Singapore legislation
Clause 17
Clause 17
As to hirer’s rights and immunities when goods re-possessed
(1)
Where the owner takes possession of any goods comprised in a hire-purchase agreement —
the hirer may within fourteen days after the service on him of the notice referred to in subsection (3) of section 15 of this Act by giving to the owner a notice in writing signed by the hirer or his agent —
require the owner to re-deliver to or to the order of the hirer (subject to the compliance by the hirer with the provisions of section 18 of this Act) the goods that have been re-possessed; or
require the owner to sell the goods to any person introduced by the hirer who is prepared to buy the goods for cash at a price not less than the estimated value of the goods set out in the first-mentioned notice; or
the hirer may recover from the owner —
if the value of the goods at the time of the owner so taking possession thereof is less than the net amount payable but the total of that value and the amount paid or provided, whether by cash or other consideration, by or on behalf of the hirer under the agreement exceeds the net amount payable—the difference between that total and the net amount payable; or
if the value of the goods at the time of the owner so taking possession thereof is equal to or greater than the net amount payable — the total of that value and the amount paid or provided, whether by cash or other consideration, by or on behalf of the hirer under the agreement, less the net amount payable.
(2)
Where the owner takes possession of any goods comprised in a hire-purchase agreement, the owner is not entitled to recover any sum (whether under a judgment or order or otherwise) which if added together with —
the value of the goods at the time of the owner so taking possession thereof; and
the amount paid or provided, whether by cash or other consideration, by or on behalf of the hirer under the agreement,exceeds the net amount payable in respect of the goods.
(3)
For the purposes of this section —
the net amount payable is the total amount payable less the statutory rebates for terms charges and insurance as at the time of the owner taking possession of the goods; and
the value of any goods at the time of the owner taking possession thereof is —
the best price that could be reasonably obtained by the owner at that time; or
if the hirer has introduced a person who has bought the goods for cash, the amount paid by that person,less —
the reasonable costs incurred by the owner of and incidental to his taking possession of the goods;
any amount properly expended by the owner on the storage, repair or maintenance of the goods; and
(whether or not the goods have subsequently been sold or disposed of by the owner) the reasonable expenses of selling or otherwise disposing of the goods.
(4)
Where the owner has sold goods of which he has taken possession, the onus of proving that the price obtained by him for the goods was the best price that could be reasonably obtained by him at the time when he took possession of the goods lies upon the owner.
(5)
No amount is recoverable by the hirer under this section except where the owner has failed to serve on the hirer notice as required by subsection (3) of section 15 of this Act unless —
the hirer, within fourteen days after the owner has served a notice as required by subsection (3) of section 15 of this Act gives to the owner notice in writing —
setting out the amount claimed under the provisions of this section and the amount that is claimed by the hirer to be the value of the goods at the time of the owner taking possession thereof; and
signed by the hirer or his advocate and solicitor or agent; and
proceedings for the recovery of the amount so claimed under the provisions of this section are commenced not later than three months after the giving by the hirer to the owner of the notice referred to in paragraph (a) of this subsection.
(6)
If, before the proceedings referred to in subsection (5) of this section are commenced by the hirer, the owner serves an offer in writing on the hirer to pay any amount in satisfaction of the claim by the hirer under this section, the owner, in the proceedings, is entitled to pay into court the amount so offered and, upon so doing, is entitled to the same rights as he would have had if that amount had been tendered to the hirer before the proceedings were commenced:
(7)
No such right as is referred to in subsection (6) of this section shall be available to the owner in any proceedings by the hirer to recover the amount so offered or any lesser amount if the hirer, before commencing the proceedings, notifies the owner in writing of the acceptance by the hirer of the amount so offered.