Hire-Purchase Act 1969 · 2020 Revised Edition · Part 3 · Implied Terms
6D. Modification of remedies for breach of statutory condition in non-consumer cases
Feedback & supportWhere in the case of a hire‑purchase agreement —
hire-purchase agreement
“hire-purchase agreement” means an agreement, other than a conditional sale agreement, under which —(a)goods are bailed in return for periodical payments to the hirer; and(b)the property in the goods will pass to the hirer if the terms of the agreement are complied with and one or more of the following occur:(i)the exercise of an option to purchase by the hirer;(ii)the doing of any other specified act by any party to the agreement;(iii)the happening of any other specified event;
the hirer would, apart from this subsection, have the right to reject the goods by reason of a breach on the part of the owner of a term implied by section 6A, 6B or 6C(1)(a) or (c); but(b)the breach is so slight that it would be unreasonable for him to reject them,then, if the hirer does not deal as consumer, the breach is not to be treated as a breach of condition but may be treated as a breach of warranty.
This section applies unless a contrary intention appears in, or is to be implied from, the agreement.
It is for the owner to show —
owner
“owner” means a person by whom goods are bailed to a hirer under a hire‑purchase agreement or a conditional sale agreement and includes a person whom the owner’s rights or liabilities under the agreement have passed by assignment or by operation of law;
that a breach fell within subsection (1)(b); and
that the hirer did not deal as consumer.