Consumer Credit Act , 1995

(I)between the hours of 9 o'clock in the evening on any week day and 9 o'clock in the morning on the following day, or

(II)at any time on a Sunday or a public holiday (within the meaning of the Holidays (Employees) Act, 1973),

(b)a consumer's employer or any member of the consumer's family unless that employer or family member is a party to the agreement, without the consent of the consumer, given in writing and separate from any other term of agreement,

for any purposes connected with an agreement other than the service of a document in connection with legal proceedings.

47. Excessive rates of charge for credit.

47.—(1)A consumer or a person acting on the consumer's behalf may apply to the Circuit Court in whose Circuit the consumer resides or in which the agreement was made, for a declaration that the total cost of credit provided for in any agreement is excessive.

(2)Subject to this section, the Circuit Court may decide in any particular case coming before it, by an application under subsection (1), that the total cost of credit provided for in any credit agreement is excessive.

(3)In making the decision referred to in subsection (2) the court shall have regard to all relevant factors including—

(a)interest rates prevailing at the time the agreement was made or, where applicable, interest rates prevailing at any time during the currency of the agreement,

(b)the age, business competence and level of literacy and numeracy of the consumer,

(c)the degree of risk involved for the creditor and the security provided,

(d)the creditor's costs including the cost of collecting repayments, and

(e)the extent of competition for the type of credit concerned.

(4)This section does not apply to any credit agreement relating to credit advanced by a credit institution or a mortgage lender.

F85[(5) If an application is made undersubsection (1)in relation to a credit agreement, the Circuit Court may not make a declaration under this section unless it has given the Bank an opportunity to be heard at the hearing to determine the application.]

48. Power of court to re-open credit agreement where charge is excessive.

48.—(1)Where the Circuit Court has decided by virtue of section 47, that the total cost of credit is excessive, it may re-open the credit agreement so as to do justice between the parties and may decide to do any one or more of the following:

(a)relieve the consumer from payment of any sum in excess of the sum adjudged by the court to be fairly due in respect of such total cost of credit;

(b)set aside, either wholly or in part the agreement against the consumer;

(c)revise or alter the terms of the agreement; or

(d)order the repayment to the consumer of the whole or part of any sums paid.

(2)Where an agreement to which subsection (1) relates is a F86[high cost credit agreement] the court may also order the F87[Bank] to revoke, suspend or alter the F86[high cost credit provider’s licence] of the holder concerned either immediately or as from such date as the court may decide.

49. Making demands and threats in relation to unenforceable agreements.

49.—(1)A person shall not make a demand for payment or assert a present or prospective right to payment in respect of an agreement which is unenforceable under this Act.

(2)A person shall not, with a view to obtaining payment in respect of an agreement which is unenforceable under this Act—

(a)threaten to bring any legal proceedings,

(b)place or cause to be placed the name of any person on a list of defaulters or debtors or threaten to do so, or

(c)invoke or cause to be invoked any other collection procedure or threaten to do so.

(3)In any proceedings for an offence under this section, it shall be a defence for the person to show that he had reasonable cause to believe that there was a right to payment.

50. Cooling-off period.

50.—(1)Subject to subsections (2) and (4), a consumer may withdraw from an agreement within 10 days of receiving it or a copy thereof (“the cooling-off period”) by giving written notice to this effect to the creditor or the owner, as the case may be.

(2)A consumer may forego his right to a cooling-off period in any credit agreement by signing a statement to this effect separately from any other term of the agreement.

(3)A statement by which a consumer forgoes the right to a cooling-off period shall carry in a prominent position:

(4)This section does not apply to a housing loan or credit availed of by means of a credit card or an overdraft facility offered by a credit institution.

PART V Matters Arising on Termination of Agreements or on Default

51. Application of Part V.

51.—This Part shall apply to any agreement other than a housing loan.

52. F88[Consumer entitled to discharge agreement early.

52.—(1) A consumer is entitled to discharge the consumer’s obligations under an agreement at any time before the time fixed by the agreement for its termination.

(2) The consumer shall exercise the entitlement by giving notice of termination in writing to the creditor or the owner (as the case requires) of the consumer's intention to determine the agreement.

(3) Where the consumer exercises the entitlement, the creditor or owner shall allow a reduction in the total cost of credit under the agreement.

(4) Except wheresubsection (6)applies, the reduction is to be calculated in accordance with a method or formula approved for that purpose by the Bank.

(5) The Bank may approve different methods or formulas for the purpose ofsubsection (4).

(6) The Minister for Finance may, after consulting the Bank, make a regulation prescribing a method or formula for calculating the reduction in the total cost of credit under agreements generally or any class of agreement.

(7) A method or formula prescribed by a regulation made undersubsection (6)replaces a method or formula approved undersubsection (4)to the extent that the regulation purports to supersede the method or formula so approved.]

53. F89[Reduction where amount owed becomes payable before time fixed by agreement

53.—(1) A consumer is entitled to a reduction in the total cost of credit under an agreement if for any reason—

(a) the amount owed by the consumer becomes payable before the time fixed by the agreement, or

(b) any money becomes payable by the consumer before the time so fixed.

(2) Except wheresubsection (3)applies, the reduction is to be calculated in accordance with a method or formula approved for that purpose by the Bank.

(3) The Minister for Finance may, after consultation with the Bank, make a regulation prescribing a method or formula for calculating the reduction in the total cost of credit under agreements generally or any class of agreement.

(4) A method or formula prescribed by a regulation made undersubsection (3)replaces a method or formula approved undersubsection (2)to the extent that the regulation purports to supersede the method or formula so approved.]

54. Limitation on right of enforcement.

54.—(1)A creditor or an owner shall not enforce a provision of an agreement by—

(a)demanding early payment of any sum,

(b)recovering possession of any goods (save where the goods are in imminent danger of being damaged or stolen), or

(c)treating any right conferred on the consumer by the agreement as determined, restricted or deferred,

unless he has served on the consumer, at least 10 days before he proposes to take any action, a notice which shall specify the following:

(i)details of the agreement sufficient to identify it;

(ii)the name and address of the creditor or owner, as the case may be;

(iii)the name and address of the consumer;

(iv)the term of the agreement to be enforced; and

(v)a statement of the action he intends to take to enforce the term of the agreement, the manner and circumstances in which he intends to take such action and the date on or after which he intends to take such action.

(2)A creditor or an owner shall not, by reason of any breach by a consumer of an agreement—

(a)determine the agreement,

(b)demand early payment of any sum,

(c)recover possession of the goods,

(d)treat any right conferred on the consumer by the agreement as determined, restricted or deferred, or

(e)enforce any security,

unless he has served on the consumer, not less than 10 days before he proposes to take any action, a notice which shall specify the following:

(i)details of the agreement sufficient to identify it;

(ii)the name and address of the creditor or owner, as the case may be;

(iii)the name and address of the consumer;

(iv)the nature of the alleged breach;

(v)either—

(I)if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken, which date shall be not less than 21 days after the date of service of the notice, or

(II)if the breach is not capable of remedy, the sum, if any, required to be paid as compensation for the breach and the date before which it is to be paid, which date shall be not less than 21 days after the date of service of the notice; and

(vi)information about the consequences of failure to comply with the notice.

(3)If the consumer takes the action specified under subparagraphs (v) (I) or (v) (II) of subsection (2), before the date specified for that purpose in the notice, the breach shall be treated as not having occurred, in any records maintained for information on the consumer's credit record.

(4)Notwithstanding this section, a creditor or an owner may apply to a court of competent jurisdiction in any particular case to have the provisions of this section dispensed with where the court is satisfied that it would be just and equitable to do so.

55. Unjustified enrichment.

55.—Where a creditor or an owner is compensated or recovers possession of goods in any action by virtue of this Act the court shall ensure that the compensation or repossession does not entail any unjustified enrichment of the creditor or the owner, as the case may be.

PART VI Hire-Purchase Agreements

56. Application of Part VI.

56.—This Part shall apply to hire-purchase agreements.

56A. F90[Sections 73A to 73X: Interpretation

56A.A reference insections 73Ato73Xto goods being in conformity with a hire-purchase agreement shall be construed in accordance withsection 73A(2).]

57. Requirement to state cash price.

57.—(1)Before any hire-purchase agreement is entered into in respect of any goods, the owner shall state in writing the cash price to the prospective hirer, other than in the agreement.

(2)Subsection (1) shall be deemed to have been complied with—

(a)if the hirer 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 hirer has selected the goods by reference to a catalogue, price list or advertisement which clearly stated the cash price of the goods as a whole or of all the different articles or sets of articles comprised therein.

58. Contents of hire-purchase agreements.

58.—(1)A hire-purchase agreement and any contract of guarantee relating thereto shall be made in writing and signed by the hirer and by or on behalf of all other parties to the agreement, and—

(a)a copy of the agreement shall be—

(i)handed personally to the hirer upon the making of the agreement, or

(ii)delivered or sent to the hirer by the owner within 10 days of the making of the agreement, and

(b)in the case of any contract of guarantee relating to the agreement, a copy of the guarantee and the agreement shall be—

(i)handed personally to the guarantor upon the making of the contract, or

(ii)sent within 10 days of the making of any contract by the F91[owner] to the guarantor.

(2)A hire-purchase agreement shall contain a statement of—

(a)the hire-purchase price,

(b)the cash price of the goods to which the agreement relates,

(c)the amount of each of the instalments by which the hire-purchase price is to be paid,

F92[(ca) where the agreement is made after the date on which section 15 of the Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Act 2022 comes into operation, the APR in respect of the agreement,]

(d)the date, or the method of determining the date, upon which each instalment is payable,

(e)the number of instalments,

(f)the names and addresses of all parties to the agreement at the time of its making, and

(g)any costs or penalties to which the hirer will become liable for any failure by the hirer to comply with the terms of the agreement.

(3)A hire-purchase agreement shall contain a list of the goods to which the agreement relates sufficient to identify them.

(4)A hire-purchase agreement shall contain a notice which is at least as prominent as the rest of the contents of the agreement, in the terms specified in the Fifth Schedule.

(5)A hire-purchase agreement shall contain in respect of the cooling-off period a statement that the hirer—

(a)has a right to withdraw from the agreement without penalty if the hirer gives written notice to this effect to the F91[owner] within a period of 10 days of the date of receipt by the hirer of a copy of the agreement, or

(b)may indicate that he does not wish to exercise this right by signing a statement to this effect, this signature to be separate from, and additional to, the hirer's signature in relation to any of the terms of the agreement.

(6)A hire-purchase agreement shall contain a statement to the effect that a hirer is obliged to give the owner information under section 69 as to the whereabouts of the goods to which the agreement relates.

(7)A hire-purchase agreement shall contain in a prominent position the words “Hire-purchase agreement”.

59. Enforceability.

59.—An owner shall not be entitled to enforce a hire-purchase agreement or any contract of guarantee relating thereto or any right to recover the goods from the hirer, and no security given by the hirer in respect of money payable under the hire-purchase agreement or given by a guarantor in respect of money payable under such contract of guarantee as aforesaid shall be enforceable against the hirer or guarantor by any holder thereof, unless the requirements specified in sections 57 and 58 have been complied with:

Provided that if a court is satisfied in any action that a failure to comply with any of the aforesaid requirements, other than section 58 (1), was not deliberate and has not prejudiced the hirer, and that it would be just and equitable to dispense with the requirement, the court may, subject to any conditions that it sees fit to impose, decide that the agreement shall be enforceable.

60. F93[Regulations relating to form and content of hire-purchase agreements.

60.—(1) The Bank may make regulations amendingsection 58or theFifth Schedulewith respect to the form or content of hire-purchase agreements.

(2) The Bank may exercise the power conferred bysubsection (1)only after consulting with, or at the request of, the Director and only after obtaining the consent of the Minister for Finance.]

61. Obligation on owners to comply with sections 58 and 60.

61.—An owner who is a party to a hire-purchase agreement shall ensure that the contents of the agreement comply with section 58 and any regulations made under section 60.

62. Avoidance of certain provisions in hire-purchase agreements.

62.—(1)Subject to subsection (2), any provision in any hire-purchase agreement whereby—

(a)an owner or a person acting on the owner's behalf is authorised to enter upon any premises for the purpose of taking possession of goods which have been let under a hire-purchase agreement,

(b)the right conferred on a hirer by this Part to determine a hire-purchase agreement is excluded or restricted,

(c)any liability in addition to the liability imposed by this Part is imposed on a hirer by reason of the termination of the hire-purchase agreement by the hirer under this Part,

(d)a hirer, after the determination of the hire-purchase agreement or the bailment in any manner whatsoever, is subject to a liability which exceeds the liability to which he would have been subject if the agreement had been determined by him under this Part,

(e)any person acting on behalf of an owner or seller in connection with the formation or conclusion of a hire-purchase agreement is treated as or deemed to be the agent of the hirer, or

(f)an owner or seller is relieved from liability for the acts or defaults of any person acting on his behalf in connection with the formation or conclusion of a hire-purchase agreement,

shall be void.

(2)Subsection (1) does not apply in relation to a provision in a hire-purchase agreement whereby an owner of a motor vehicle which has been let under a hire-purchase agreement or a person acting on his behalf—

(a)authorised to enter premises (other than a house used as a dwelling or any building within the curtilage thereof) for the purpose of taking possession of the motor vehicle, or

(b)relieved from liability for any such entry.

63. Rights of hirer to determine hire-purchase agreement.

63.—(1)A hirer shall at any time before the final payment under a hire-purchase agreement falls due, be entitled to determine the agreement by giving notice of termination in writing to the owner or any person entitled or authorised to receive the sums payable under the agreement.

(2)Where a hire-purchase agreement has been determined under this section, the hirer shall, without prejudice to any liability which has accrued before termination, have the option to either—

(a)pay 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 termination, or such less amount as may be specified in the agreement, or

(b)purchase the goods by paying the difference between the amount already paid under the agreement and the hire-purchase price after the latter amount has been reduced in accordance with section 52 or 53, or such lesser amount as may be specified in the agreement.

(3)Where a hire-purchase agreement has been determined under this section, the hirer shall, if he has failed to take reasonable care of the goods, be liable to pay for the failure.

(4)Where a hirer, having determined a hire-purchase agreement under this section, wrongfully retains possession of the goods, then in any action brought by the owner to recover possession of the goods from the hirer, the court shall, unless it is satisfied that having regard to the circumstances it would not be just and equitable so to do, order the goods to be delivered to the owner, without giving the hirer the option to pay the value of the goods.

(5)Nothing in this section shall prejudice any right of a hirer to determine a hire-purchase agreement otherwise than by virtue of this section.

64. Restriction on right of owner to recover possession of goods otherwise than by proceedings.

64.—(1)Subject to subsection (3), where goods have been let under a hire-purchase agreement and one-third of the hire-purchase price has been paid or tendered by or on behalf of the hirer or any guarantor, the owner shall not enforce any right to recover possession of the goods from the hirer otherwise than by legal proceedings.

(2)If an owner recovers possession of goods in contravention of subsection (1), the hire-purchase agreement, if not previously determined, shall determine, and—

(a)the hirer shall be released from all liability under the agreement, and shall be entitled to recover from the owner all sums paid by the hirer under the agreement or under any security given by him in respect thereof, and

(b)any guarantor shall be entitled to recover from the owner in an action all sums paid by him under the contract of guarantee or under any security given by him in respect thereof.

(3)Where the owner of a motor vehicle let under a hire-purchase agreement has commenced legal proceedings to recover possession of the vehicle from the hirer and it has been abandoned or left unattended in circumstances which have resulted or are likely to result in damage to the vehicle, the owner shall be entitled to enforce a right to recover possession of the vehicle and to retain possession thereof pending the outcome of the proceedings.

(4)If a hirer refuses to give up possession of goods to an owner whose right to recover possession is restricted by subsection (1), the hirer shall not be liable, by reason only of the refusal, for conversion of the goods.

(5)In this section a reference to the hire-purchase price includes any installation charge provided for in the hire-purchase agreement.

65. Hire-purchase price.

65.—(1)In this Part “hire-purchase price” means the total sum payable by the hirer under a hire-purchase agreement in order to complete the purchase of the goods to which the agreement relates, exclusive of any sum payable as a penalty or as compensation or damages for a breach of the agreement.

(2)Where an owner has agreed that any part of the hire-purchase price may be discharged otherwise than by payment of cash, any such discharge shall for the purposes of this Act, be deemed to be a payment of that part of the hire-purchase price.

(3)Any sum payable by the hirer under a hire-purchase agreement by way of a deposit or other initial payment, or credited or to be credited to the hirer under such an agreement or account of any such deposit or payment, whether that sum is to be or has been paid to the owner or to any other person or is to be or has been discharged by a payment of cash or by the transfer or delivery of goods or by any other means shall form part of the hire-purchase price.

66. Powers of court in actions for recovery of possession of goods.

66.—(1)Where legal proceedings by virtue of section 64 have been commenced the owner shall not enforce or attempt to enforce payment other than in those proceedings or any negotiations connected with those proceedings.

(2)Pending the hearing of an action, or any settlement, in relation to such proceedings the court may, on the application of the owner, make such order as it thinks fit for the protection of the goods.

(3)On hearing the action, the court may, without prejudice to any other power—

(a)order the delivery of the goods to the owner,

(b)order such delivery but postpone its operation subject to such conditions as the court thinks fit, or

(c)order—

(i)the transfer to the hirer of title to part of the goods, and

(ii)delivery of the remainder to the owner, subject to such conditions as the court thinks fit.

(4)Where the operation of an order is postponed under subsection (3) (b) the agreement shall continue to operate except that—

(a)no further sum shall become payable on account of the unpaid balance except as provided for in the order, and

(b)the court may modify the terms of the agreement as it thinks fit.

(5)Where an owner has recovered a part of the goods let under a hire-purchase agreement, and the recovery was effected in contravention of section 64, the provisions of this section shall not apply in relation to any action by the owner to recover the goods.

67. Liability for failure to take reasonable care of goods.

67.—Where a hire-purchase agreement has been determined under section 63, the hirer shall, if he has failed to take reasonable care of the goods, be liable to pay damages for the failure.

68. Liability of guarantor where goods are returned to the owner.

68.—Where an owner has recovered possession of goods let under a hire-purchase agreement, whether as a result of legal proceedings or otherwise, the liability of the guarantor shall be limited to the amount which would have been payable by the hirer if he had determined the agreement under section 63.

69. Duty of hirer to give information as to whereabouts of goods.

69.—Where by virtue of a hire-purchase agreement a hirer is under a duty to keep the goods comprised in the agreement in his possession or control, the hirer shall, within 10 days of receipt of a request in writing from the owner inform the owner where the goods are at the time when the information is given or, if it is sent by post, at the time of the posting.

70. Sale by dealer of goods let to him under a hire-purchase agreement.

70.—Where goods of any class or description are let under a hire-purchase agreement to a dealer who deals in goods of that class or description and the dealer sells the goods when ostensibly acting in the ordinary course of his business, the sale shall be valid as if the dealer were expressly authorised by the owner to make the sale:

Provided that the buyer acts in good faith and has not at the time of the sale notice that the dealer has no authority to make the sale.

71. Evidence of adverse detention in actions by owners to recover possession of the goods.

71.—(1)Where, in an action by an owner of goods which have been let under a hire-purchase agreement to enforce a right to recover possession of the goods from the hirer, the owner proves that, before the commencement of the action and after the right to recover possession of the goods accrued, the owner made a request in writing to the hirer to surrender the goods, the hirer's possession of the goods shall, for the purpose of the owner's claim to recover possession thereof, be deemed to be adverse to the owner.

(2)Nothing in subsection (1) shall affect a claim for adverse conversion.

72. Successive hire-purchase agreements between the same parties.

72.—Where goods have been let under a hire-purchase agreement at any time after one-third of the hire-purchase price has been paid or tendered the owner makes a further hire-purchase agreement with the hirer comprising the goods, the provisions of sections 64 and 66 shall have effect in relation to that further agreement as from its making.

73. Hirer's refusal to surrender goods not to be conversion in certain cases.

73.—If, whilst by virtue of this Part the enforcement by an owner of a right to recover possession of goods from a hirer is subject to any restriction, the hirer refuses to give up possession of the goods to the owner, the hirer shall not, by reason only of the refusal, be liable to the owner for the conversion of the goods.

73A. F94[Goods to be in conformity with hire-purchase agreement at time of delivery

73A.—(1) Where a hire-purchase agreement is concluded between an owner and a hirer, the owner shall deliver goods to the hirer that are in conformity with the hire-purchase agreement at the relevant time.

(2) Goods are in conformity with the hire-purchase agreement if the goods—

(a) comply with the requirements ofsections 73Bto73D, and

(b) do not fall to be treated as not being in conformity with the hire‑purchase agreement undersection 73E.

(3) Subject tosections 73B(3)and73G(1)to(3), where the goods delivered by the owner are not in conformity with the hire-purchase agreement at the relevant time, the hirer shall have the right to the remedies specified insection 73Iand73L.

(4) In this section, "relevant time"—

(a) in relation to goods other than goods with digital elements, means the time at which—

(i) the hirer or a person indicated by the hirer for the purpose acquires the physical possession of the goods, or

(ii) the goods are delivered to a carrier who was commissioned by the hirer to deliver the goods (and who was not proposed by the owner for that purpose),

and

(b) in relation to goods with digital elements, means the time at which, following delivery of the physical component of the goods to the hirer or a person indicated by the hirer for the purpose—

(i) the single act of supply of the digital content or digital service is performed, or

(ii) the continuous supply of the digital content or digital service over a period of time begins,

in such a way that the digital content or digital service, or any means suitable for downloading or accessing it, has reached the sphere of the hirer and no further action by the owner is required in order to enable the hirer to use the digital content or digital service in accordance with the hire-purchase agreement.]

73B. F95[Owner to have right to sell goods etc.

73B.—(1) Subject tosubsection (2), the requirements referred to insection 73A(2)are that the owner shall ensure that—

(a) at the time when the ownership of the goods is to be transferred under the hire-purchase agreement, the owner has the right to sell the goods,

(b) at the time when the ownership of goods is to be transferred under the hire-purchase agreement, the goods are free from any charge or other encumbrance (other than a charge or other encumbrance which was disclosed to the hirer before the hirer entered into the hire-purchase agreement), and

(c) the hirer shall enjoy quiet possession of the goods except so far as it may be disturbed by the owner or any other person entitled to the benefit of any charge or encumbrance so disclosed.

(2) Where the hire-purchase agreement shows, or the circumstances at the time the agreement was concluded imply, that the owner and the hirer intend that the owner transfer only the limited title to the goods that the owner or a third person may have—

(a) all charges and encumbrances known to the owner shall be disclosed to the hirer before the hirer enters into the agreement, and

(b) the hirer’s quiet possession of the goods shall not be disturbed by—

(i) the owner,

(ii) the third person, or

(iii) a person claiming through or under the owner or the third person unless that person is claiming under a charge or encumbrance that was disclosed to the hirer before the agreement was concluded.

(3) Where the owner does not have the right to sell goods as required bysubsection (1)(a), the hirer shall have the right to terminate the hire‑purchase agreement.

(4) Where the hirer has the right to terminate the hire-purchase agreement undersubsection (3)and wishes to exercise that right—

(a) the hirer shall exercise that right in accordance withsection 73N, and

(b) the owner shall comply with the obligations insection 73O.

(5) The hirer shall have the right to the remedies specified insections 73Iand73Lwhere—

(a) the goods are not in compliance withsubsection (1)(b)and (c),

(b) the owner does not disclose all known charges or encumbrances in accordance withsubsection (2)(a),

(c) the hirer’s possession of the goods does not comply withsubsection (2)(b), or

(d) a restriction resulting from a violation of any right of a third party, in particular an intellectual property right, prevents or limits the use of the goods in accordance withsections 73Cand73D.

(6) In case of dispute, it shall be for the owner to show that—

(a) the owner had the right to sell the goods in accordance withsubsection (1)(a),

(b) the goods complied with the requirements ofsubsection (1)(b)and (c),

(c) the owner disclosed all known charges and encumbrances in accordance withsubsection (2)(a), and

(d) the hirer’s possession of the goods complied withsubsection (2)(b).]

73C. F96[Subjective requirements for conformity with hire-purchase agreement

73C.—(1) The goods delivered under a hire-purchase agreement shall—

(a) be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, specified in the hire-purchase agreement,

(b) be fit for any particular purpose for which the hirer requires them—

(i) that the hirer made known to the owner at the time of, or before, the conclusion of the hire-purchase agreement, and

(ii) that the owner has accepted,

(c) be delivered with all accessories and instructions, including on installation of the goods, specified in the hire-purchase agreement, and

(d) be updated as specified in the hire-purchase agreement.

(2) Spare parts and an adequate after-sales service shall be made available by the owner—

(a) in such circumstances as are stated in an offer, description or advertisement by the owner on behalf of the producer or on his or her own behalf, and

(b) for such period as is so stated or, if no period is so stated, for a reasonable period.

(3) In this section, "interoperability" means the ability of goods to function with hardware or software different from those with which goods of the same type are normally used.]

73D. F97[Objective requirements for conformity with hire-purchase agreement

73D.—(1) The goods delivered under a hire-purchase agreement shall—

(a) be fit for all of the purposes for which goods of the same type would normally be used, taking into account so far as relevant any enactment or rule of law, European Union law, technical standards or, in the absence of technical standards, applicable sector-specific industry codes of conduct,

(b) be of the quality and correspond to the description of any sample or model that the owner made available to the hirer before the conclusion of the hire-purchase agreement,

(c) be delivered along with any accessories, including packaging, installation instructions or other instructions, that the hirer may reasonably expect to receive, and

(d) be of the quantity and possess the qualities and other features (including in relation to durability, functionality, compatibility, safety and security) normal for goods of the same type that the hirer may reasonably expect given the nature of the goods and taking into account any public statement in relation to the goods made by, or on behalf of, the owner or any other person constituting a previous link in the chain of transactions relating to the hire-purchase agreement, including the producer, particularly in advertising or on labelling.

(2) Insubsection (1)(d), the reference to the durability of the goods is a reference to the ability of the goods to maintain their functions and performance through normal use and to possess the ability to do so which is normal for goods of the same type and which the hirer can reasonably expect having regard to—

(a) the specific nature of the goods,

(b) the possible need for reasonable maintenance of the goods,

(c) any public statement on the durability of the goods made by or on behalf of any person constituting a link in the chain of transactions, and

(d) all other relevant circumstances, including the price of the goods and the intensity or frequency of the use made of the goods by the hirer.

(3) The owner shall not be bound by any public statement referred to insubsection (1)(d)or(2)(c)if the owner shows that—

(a) the owner was not, and could not reasonably have been, aware of the public statement in question,

(b) at the time of the conclusion of the hire-purchase agreement, the public statement had been corrected in the same way as it had been made (or in a comparable way), or

(c) the decision of the hirer to take the goods could not have been influenced by the public statement.

(4) Where a hire-purchase agreement for the letting of goods with digital elements provides for a single act of supply of the digital content or digital service, the owner shall ensure that the hirer is informed of and supplied with updates, including security updates, that are necessary to maintain the goods in conformity with the agreement for the period of time that the hirer may reasonably expect given the type and purpose of the goods and the digital elements, and taking into account the circumstances and nature of the hire-purchase agreement.

(5) Where a hire-purchase agreement for the letting of goods with digital elements provides for a continuous supply of the digital content or digital service for a period exceeding two years, the owner shall ensure that the hirer is informed of the availability, and supplied with, any update (including a security update) that is necessary to maintain the goods in conformity with the agreement during that period.

(6) Where a hire-purchase agreement for the letting of goods with digital elements provides for a continuous supply of the digital content or digital service for a period not exceeding two years, the owner shall ensure that the hirer is informed of the availability, and supplied with, any update (including a security update) that is necessary to maintain the goods in conformity with the contract for the period of two years beginning with the delivery of the goods with digital elements.

(7) Where the hirer fails to install within a reasonable time an update supplied in accordance withsubsection (4),(5)or(6), the owner shall not be liable for any lack of conformity with the hire-purchase agreement resulting solely from the failure to install the update—

(a) if the owner informed the hirer of the need for the hirer to install the update (including the consequences of failing to do so), and

(b) the failure of the hirer to install the update, or the incorrect installation by the hirer of the update, was not due to shortcomings in the installation instructions provided to the hirer.

(8) There shall be no lack of conformity with a hire-purchase agreement undersubsection (1),(4),(5)or(6)if, at the time of the conclusion of the agreement—

(a) the hirer was specifically informed by the owner that a particular characteristic of the goods deviated from the requirements of the subsection concerned, including a lack of conformity with the hire-purchase agreement caused by a restriction resulting from a violation of an intellectual property right or any other right of a third person, and

(b) the hirer expressly and separately accepted that deviation.

(9) In case of dispute, it shall be for the owner to show that the hirer—

(a) was specifically informed by the owner that a particular characteristic of the goods deviated from the requirements ofsubsection (1), (4),(5)or(6), and

(b) expressly and separately accepted that deviation when concluding the hire-purchase agreement.]

73E. F98[Incorrect installation of goods

73E.—Any lack of conformity with the hire-purchase agreement resulting from the incorrect installation of the goods shall be treated as a lack of conformity of the goods with the hire-purchase agreement if—

(a) the installation forms part of the agreement and was carried out by the owner or under the owner’s responsibility, or

(b) the installation, intended to be carried out by the hirer, was done by the hirer and the incorrect installation was due to shortcomings in the installation instructions provided to the hirer by the owner or, in the case of goods with digital elements, provided to the hirer by the owner or by the supplier of the digital content or digital service.]

73F. F99[Implied terms of hire-purchase agreement

73F.—Sections 73Bto73Eshall be implied into every hire-purchase agreement and shall have effect as if they were terms of such an agreement.]

73G. F100[Liability of owner

73G.—(1) Where a hire-purchase agreement for the letting of goods with digital elements provides for a continuous supply of digital content or a digital service for a period specified in the agreement, the owner shall be liable for a lack of conformity of the digital content or digital service with the agreement that occurs or becomes apparent within that period.

(2) Where a hire-purchase agreement provides for the delivery of goods on more than one occasion during the period for which the agreement subsists, the owner shall be liable to the hirer during that period for a lack of conformity of the goods with the hire-purchase agreement which exists at the relevant time.

(3) Where an update is supplied by the owner or a third party supplying the digital content or digital service under a hire-purchase agreement for the letting of goods with digital elements, the owner shall be liable for any lack of conformity of the digital content or digital service with the agreement—

(a) caused by the update which exists at the time of supply or installation of the update, or

(b) caused by the failure of the owner to supply an update in accordance withsection 73Dat the time when the update should have been supplied.

(4) Subject tosubsections (2)and(3), where a hire-purchase agreement for the letting of goods other than goods with digital elements provides for a continuous supply of digital content or a digital service for a period specified in the hire-purchase agreement, the hirer’s right to a remedy in respect of a lack of conformity with the hire-purchase agreement for which the owner is liable under this section shall apply for the period of 6 years beginning with the relevant time.

(5) Where a hire-purchase agreement for the letting of goods with digital elements provides for a continuous supply of digital content or a digital service for a period specified in the hire-purchase agreement, the hirer’s right to a remedy in respect of a lack of conformity with the hire-purchase agreement for which the owner is liable under this section shall apply for the period of 6 years beginning with the time at which the lack of conformity with the hire-purchase agreement occurs or becomes apparent during the period so specified.

(6) In this section, "relevant time" has the same meaning as it has insection 73A.]

73H. F101[Burden of proof

73H.—(1) Subject tosubsection (2), where it becomes apparent during the period of 12 months beginning with the relevant time that goods supplied under a hire-purchase agreement are not in conformity with the hire-purchase agreement, the lack of conformity with the agreement shall be presumed to have existed at the relevant time unless—

(a) the contrary is proven, or

(b) such a presumption is incompatible with the nature of the goods or with the nature of the lack of conformity with the agreement.

(2) Where a hire-purchase agreement for the letting of goods with digital elements provides for the continuous supply of the digital content or digital service for a period specified in the agreement, the burden of proof as to whether the digital content or digital service was in conformity with the hire-purchase agreement during that period shall be on the owner for a lack of conformity with the agreement which becomes apparent during that period.

(3) For the purposes of relying on the presumption undersubsection (1), the hirer shall be required to prove only that—

(a) the goods are not in conformity with the hire-purchase agreement, and

(b) the lack of conformity became apparent during the period of 12 months beginning with the relevant time.

(4) Nothing in this section shall prevent or restrict a hirer from exercising a remedy after 12 months from the delivery of the goods.

(5) In this section, "relevant time" has the same meaning as it has insection 73A.]

73I. F102[Right to remedies under sections 73J and 73K

73I.—(1) Where goods are not in conformity with the hire-purchase agreement at the relevant time, the hirer shall have the following rights—

(a) the right to exercise the short-term right to terminate the agreement in accordance withsection 73J, and

(b) subject tosubsections (2)and(3), the right to have the goods brought into conformity with the agreement through repair or replacement in accordance withsection 73K.

(2) The hirer may choose between the remedies of repair and replacement of the goods unless the remedy chosen by the hirer—

(a) would be impossible for the owner to carry out, or

(b) compared to the alternative remedy, would impose disproportionate costs on the owner, taking all the circumstances into account, including—

(i) the value that the goods would have if there were no lack of conformity,

(ii) the significance of the lack of conformity, and

(iii) whether the alternative remedy could be provided without significant inconvenience to the hirer.

(3) The owner may refuse to bring the goods into conformity with the hire-purchase agreement if both repair and replacement—

(a) are impossible for the owner to carry out, or

(b) compared to the alternative remedy, would impose disproportionate costs on the owner, taking all the circumstances into account, including those specified insubsection (2)(b)(i)and(ii).

(4) In this section, "relevant time" has the same meaning as it has insection 73A.]

73J. F103[Short-term right to terminate hire-purchase agreement

73J.—(1) This section applies where the hirer has the short-term right to terminate the hire-purchase agreement undersection 73I(1)(a).

(2) The period during which the hirer has the short-term right to terminate the hire-purchase agreement—

(a) begins—

(i) where the hire-purchase agreement requires the owner to install the goods after their delivery or to take any other action to enable the hirer to use the goods, on the day on which the installation or other action is completed, or

(ii) in any other case, at the relevant time,

and

(b) subject tosubsection (3), expires 30 days after that day or, as the case may be, the relevant time.

(3) Where goods are of a kind that can reasonably be expected to expire or deteriorate on the expiry of a smaller number of days than the 30 days referred to inparagraph (b)ofsubsection (2), that paragraph shall apply as if for the reference to 30 days there were substituted a reference to that smaller number of days.

(4) Nothing insubsection (2)prevents a hirer who has the right to terminate a hire-purchase agreement from terminating it before the beginning of the period referred to in that subsection (or that subsection as applied bysubsection (3)).

(5) In case of dispute, it shall be for the owner to show that by virtue ofsubsection (3)the period referred to insubsection (2)is shorter than 30 days.

(6) Where the hirer has the right to terminate a hire-purchase agreement under this section and wishes to exercise that right—

(a) the hirer shall exercise that right in accordance withsection 73N, and

(b) the owner shall comply with the obligations insection 73O.

(7) In this section, "relevant time" has the same meaning as it has insection 73A.]

73K. F104[Repair or replacement of goods

73K.—(1) This section applies where goods are to be brought into conformity with the hire-purchase agreement by repair or replacement.

(2) The owner shall ensure that the repair or replacement of the goods is carried out—

(a) free of charge,

(b) within a reasonable time after being informed by the hirer of the lack of conformity with the agreement, and

(c) without significant inconvenience to the hirer, taking into account the nature of the goods and the purpose for which the hirer requires the goods.

(3) The reasonable time for completing the repair or replacement of the goods undersubsection (2)(b)shall correspond to the shortest possible time necessary for completing the repair or replacement and shall be objectively determined having regard to the nature and complexity of the goods, the nature and severity of the lack of conformity and the effort needed to complete the repair or replacement.

(4) The hirer shall make the goods that are to be remedied by repair or replacement available to the owner.

(5) The owner shall take back any goods that have been replaced and any goods that are to be repaired at the owner’s expense.

(6)Subsection (7)applies where—

(a) it is necessary to remove goods in order to repair or replace them, and

(b) the goods were installed in a manner consistent with their nature and purpose before the lack of conformity of the goods with the hire-purchase agreement became apparent.

(7) The owner’s obligation to repair or replace the goods undersubsection (2)includes—

(a) the removal of the goods that are not in conformity with the hire-purchase agreement (referred to in this subsection as the "non-conforming goods"),

(b) where the non-conforming goods are repaired, the installation of those goods,

(c) where the non-conforming goods are replaced, the installation of the goods that replace the non-conforming goods, and

(d) bearing the costs of any such removal and installation.

(8) The hirer shall not be liable to pay for the normal use of any goods that are replaced during the period prior to their replacement.

(9) In this section, "free of charge" means free of the necessary costs incurred in order to bring goods into conformity with the hire-purchase agreement, particularly the cost of postage, carriage, labour or materials.]

73L. F105[Right to proportionate reduction in price or final termination of hire‑purchase agreement

73L.—(1) This section applies where—

(a) the hirer has exercised his or her right undersection 73I(1)(b)and—

(i) the owner has not completed the repair or the replacement of the goods or, where applicable, has not completed the repair or replacement in accordance withsection 73K, or

(ii) the owner has refused to bring the goods into conformity with the hire-purchase agreement in accordance withsection 73I(3),

(b) the goods are not in conformity with the hire-purchase agreement at the relevant time and the same or a different lack of conformity of the goods with the agreement becomes apparent despite the owner having attempted to bring the goods into conformity with the agreement,

(c) the goods are not in conformity with the hire-purchase agreement at the relevant time and the lack of conformity of the goods is of such a serious nature as to justify an immediate price reduction or the termination of the hire-purchase agreement, or

(d) the goods are not in conformity with the hire-purchase agreement at the relevant time and the owner has declared, or it is clear from the circumstances, that the owner will not bring the goods into conformity with the hire-purchase agreement within a reasonable time or without significant inconvenience to the hirer.

(2) Subject tosubsections (5)and(7), the hirer shall have—

(a) the right to a proportionate reduction in the price in accordance withsection 73M, or

(b) subject tosubsection (3), the right to exercise the final right to terminate the hire-purchase agreement in accordance withsection 73N.

(3) The hirer shall not have the right to exercise the final right to terminate the hire-purchase agreement undersubsection (2)(b)if the lack of conformity of the goods with the agreement is only minor.

(4) In case of dispute, it shall be for the owner to show that the lack of conformity of the goods with the agreement is minor.

(5) Wheresubsection (1)(b)applies, it shall be objectively determined, taking all the circumstances into account (including the matters mentioned insubsection (6)), whether the hirer—

(a) shall have the right specified inparagraph (a)or(b)ofsubsection (2), or

(b) shall be required to accept a further attempt or attempts by the owner to bring the goods into conformity with the hire-purchase agreement.

(6) The matters referred to insubsection (5)are—

(a) the type and value of the goods,

(b) the nature and significance of the lack of conformity with the hire‑purchase agreement, and

(c) whether the hirer can reasonably be expected to maintain confidence in the ability of the owner to bring the goods into conformity with the hire-purchase agreement, in particular where the same lack of conformity with the agreement appears on more than one occasion.

(7) For the purposes ofsubsection (1)(c), it shall be objectively determined, having regard to the nature and severity of the lack of conformity with the hire-purchase agreement (including the matters mentioned insubsection (8)), whether the lack of conformity of the goods with the agreement is of such a serious nature as to justify the application ofsubsection (2).

(8) The matters referred to insubsection (7)are whether the lack of conformity with the hire-purchase agreement is such that—

(a) the hirer cannot maintain confidence in the ability of the owner to bring the goods into conformity,

(b) the ability of the hirer to make normal use of the goods is severely affected and the hirer cannot reasonably be expected to trust that this would be remedied by repair or replacement by the owner.

(9) Where the hirer is entitled to exercise the right conferred bysubsection (2)(b)by virtue of some (but not all) of the goods to which the hire-purchase agreement relates not being in conformity with the agreement, the hirer may exercise that right only in relation to—

(a) those goods, and

(b) any other goods that the hirer acquired with the goods that are not in conformity with the agreement, if the hirer cannot reasonably be expected to keep only the goods that are in conformity with the hire-purchase agreement.

(10) In this section, "relevant time" has the same meaning as it has insection 73A.]

73M. F106[Price reduction

73M.—(1) This section applies where the hirer has the right to a price reduction undersection 73L(2)(a).

(2) The right of the hirer under this section is the right—

(a) to require the owner to reduce in accordance withsubsection (3)the price the hirer is required to pay under the hire-purchase agreement, or

(b) to receive from the owner a reimbursement of the price paid by the hirer in excess of the amount of the reduction applicable undersubsection (3).

(3) The reduction of the price shall be proportionate to the decrease in the value of the goods received by the hirer compared with the value that the goods would have if they were in conformity with the hire-purchase agreement.

(4) Where the hirer has the right to reimbursement undersubsection (2)(b), the owner shall reimburse the hirer in accordance withsection 73P.

(5) In a hire-purchase agreement where the hirer transfers the ownership of goods to the owner in full or part payment of the price, the right of the hirer to a price reduction shall not apply if—

(a) no agreed monetary value was ascribed by the parties to the goods to be transferred by the hirer at the time the hire-purchase agreement was concluded, or

(b) the goods which the hirer has transferred, or is required to transfer, under the hire-purchase agreement cannot be divided up so as to enable the owner to receive or retain only the reduced price.]

73N. F107[Obligations of hirer in event of termination of hire-purchase agreement

73N.—(1) Where the hirer exercises the right to terminate a hire-purchase agreement under section 73B(3), the short-term right to terminate a hire-purchase agreement undersection 73I(1)(a)or the final right to terminate a hire-purchase agreement undersection 73L(2)(b), the hirer shall—

(a) do so by means of a statement to the owner expressing the decision to terminate the hire-purchase agreement, and

(b) return any goods or materials delivered under the hire-purchase agreement to the owner at the owner’s expense.

(2) A hirer who fails to comply with the obligation to return any goods or materials in accordance withsubsection (1)shall be liable in damages for any loss or damage suffered by the owner as a result of that failure.]

73O. F108[Obligations of owner where hire-purchase agreement terminated

73O.—(1) This section applies where the hirer exercises—

(a) the right to terminate a hire-purchase agreement undersection 73B(3),

(b) the short-term right to terminate a hire-purchase agreement undersection 73I(1)(a), or

(c) the final right to terminate a hire-purchase agreement undersection 73L(2)(b).

(2) The owner shall upon receipt of the goods or, if the owner so chooses, of evidence provided by the hirer of having sent back the goods, reimburse the hirer in accordance withsection 73Pfor—

(a) the price paid for the goods, and

(b) any costs incurred by the hirer in returning the goods to the owner.

(3) If the hirer terminates a hire-purchase agreement before the price payable for the goods under the agreement has been paid in full, the reimbursement to which the hirer is entitled undersubsection (2)applies only to the part of the price which has been paid by the hirer.

(4) Where the hirer exercises the final right to terminate the hire-purchase agreement undersection 73L(2)(b), the reimbursement of the price to which the hirer is entitled undersubsection (2)may be reduced in proportion to any depreciation in the value of the goods in excess of the depreciation that could reasonably be expected to result from their normal use.

(5) In case of dispute as to the application ofsubsection (4),it shall be for the owner to show that the depreciation in the value of the goods exceeded that which could reasonably be expected to result from their normal use.

(6) Subject tosubsection (7), in a hire-purchase agreement where the hirer transfers the ownership of goods to the owner in full or part payment of the price, the owner shall—

(a) return those goods to the hirer, and

(b) reimburse the hirer in accordance with section 73P for any part of the price paid by the hirer.

(7) If the owner cannot return goods to the hirer in accordance withsubsection (6), the owner shall reimburse the hirer—

(a) to the agreed monetary value ascribed to the goods by the parties at the time the hire-purchase agreement was concluded, or

(b) where no such monetary value was agreed, to a reasonable market value for the goods at the time the hire-purchase agreement was concluded.]

73P. F109[Time limits and means of reimbursement by owner

73P.—(1) This section applies where reimbursement is owed to the hirer by the owner by virtue of—

(a) a price reduction undersection 73M,

(b) the exercise of the right to terminate the hire-purchase agreement undersection 73B(3),

(c) the exercise of the short-term right to terminate the hire-purchase agreement undersection 73I(1)(a), or

(d) the exercise of the final right to terminate the hire-purchase agreement undersection 73L(2)(b).

(2) The owner shall reimburse the hirer without undue delay and in any event not later than 14 days after the day on which the owner receives—

(a) the goods back, or

(b) if the owner so chooses, evidence provided by the hirer of having returned the goods.

(3) The owner shall reimburse the hirer using the same means of payment as the hirer used to pay for the goods unless—

(a) the hirer expressly agrees otherwise, and

(b) the hirer does not incur any fees as a result of reimbursement by the means otherwise agreed.

(4) The owner shall reimburse the hirer without the imposition of any fee on the hirer in respect of the reimbursement.

(5) An owner who fails to comply with the obligation to reimburse the hirer in accordance with this section shall be liable in damages for any loss or damage suffered by the hirer as a result of that failure.]

73Q. F110[Effect of termination of hire-purchase agreement on ancillary contract

73Q.—(1) Where a hirer terminates a hire-purchase agreement in accordance withsection 73N, any ancillary contract is terminated without any cost to the hirer.

(2) Where an owner is informed by a hirer in accordance withsection 73N(1)(a)of the hirer’s decision to terminate a hire-purchase agreement, the owner shall inform any trader with whom the hirer has an ancillary contract that the contract with that trader has been terminated bysubsection (1).

(3) Where an ancillary contract is terminated bysubsection (1)—

(a) the owner or trader with whom the hirer has that contract shall comply with the obligations insection 73O,and

(b) the hirer shall comply with the obligation insection 73N(1)(b).

(4) Where any security has been provided under an ancillary contract that is terminated bysubsection (1),it is to be treated as never having had effect and any property lodged with the owner or trader solely for the purposes of that security shall be returned immediately by the owner or trader.

(5) In this section—

"ancillary contract", in relation to a hire-purchase agreement concluded between a hirer and an owner, means another contract concluded between that hirer and that owner, or between that hirer and a trader other than the owner, under which—

(a) the owner, or

(b) in pursuance of arrangements made between the owner and that trader, the trader,supplies to the hirer goods, digital content, a digital service or a service relating to the hire-purchase agreement;

"trader" means—

(a) a natural person, or

(b) a legal person, whether—

(i) privately owned,

(ii) publicly owned, or

(iii) partly privately owned and partly publicly owned,

who is acting for purposes related to the person’s trade, business, craft or profession, and includes any person acting in the name, or on behalf, of the trader.]

73R. F111[ Representations purporting to restrict rights of hirer: offences

73R.—(1) It shall be an offence for an owner to do any of the following things in relation to a representation to whichsubsection (1)applies:

(a) to display on any part of any premises a notice that includes any such representation;

(b) to publish or cause to be published an advertisement which contains any such representation;

(c) to supply goods bearing, or digital content or a digital service displaying in any form such representation; or

(d) otherwise to furnish or to cause to be furnished a document including any such representation.

(2) A representation is "relevant" for the purposes ofsubsection (1)if—

(a) it is a representation that refunds will not be made for goods that are not in conformity with the hire-purchase agreement,

(b) it is a representation that any refunds will be made only in the form of a credit note or gift voucher,

(c) it is a representation that goods that are not in conformity with the hire-purchase agreement will not be replaced, repaired or otherwise brought into conformity with the agreement, or

(d) it is otherwise likely to be taken as indicating that—

(i) a right or the exercise of a right conferred by any ofsections 73Ato73P,

(ii) a remedy or the exercise of a remedy conferred by any of those sections, or

(iii) an obligation or a liability arising under any of those sections,is restricted or excluded otherwise than in accordance with this Act.

(3) In this section, "representation" includes—

(a) any oral, written, visual, descriptive or other representation by an owner, including any commercial communication, marketing or advertising, and

(b) any term or form of a contract, notice or other document used or relied on by an owner in connection with a hire-purchase transaction.]

73S. F112[Exclusion or limitation of liability of owner

73S.—(1) A term of a hire-purchase agreement or of any other contract between a hirer and an owner shall not exclude or restrict the owner’s liability under any ofsections 73Ato73H.

(2) A term of a hire-purchase agreement or of any other contract between a hirer and an owner which purports to, or has the effect of, excluding or restricting the liability of the owner under any of the provisions specified insubsection (1)shall not be binding on the hirer.

(3) The references insubsections (1)and(2)to excluding or restricting the owner’s liability include a reference to—

(a) excluding or limiting a right or remedy in respect of a liability under a provision specified insubsection (1),

(b) making such a right or remedy, or its enforcement, subject to a restrictive or onerous condition,

(c) allowing an owner to put a person at a disadvantage as a result of pursuing such a right or remedy,

(d) excluding or restricting rules of evidence or procedure, or

(e) preventing an obligation arising or limiting its extent.

(4) An agreement in writing to submit present or future differences to an ADR procedure within the meaning of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 343 of 2015) is not to be regarded as excluding or restricting any liability for the purposes of this section.

(5) An owner who contravenessubsection (1)commits an offence.]

73T. F113[Liability for commercial guarantee

73T.—(1) A commercial guarantee shall be binding on the guarantor under the conditions specified in the commercial guarantee statement and in any associated advertising available at the time of, or before, the conclusion of the hire-purchase agreement.

(2) Without prejudice to the generality ofsubsection (1), where a producer offers the hirer a commercial guarantee of durability for specified goods for a specified period of time—

(a) the producer shall be liable directly to the hirer during the entire period of the commercial guarantee of durability for the repair or the replacement of the goods in accordance withsection 73I, and

(b) the producer may offer more favourable conditions to the hirer in the commercial guarantee statement on the durability of the goods.

(3) If some or all of the conditions specified in the commercial guarantee statement are less advantageous to the hirer than those specified in the associated advertising, the commercial guarantee shall be binding under the more advantageous conditions specified in the advertising relating to the commercial guarantee unless, before the conclusion of the hire-purchase agreement, the associated advertising was corrected to reflect the same, or comparable, conditions to those specified in the commercial guarantee statement.]

73U. F114[Liability of owner for another’s commercial guarantee

73U.—(1) Where an owner gives a hirer a commercial guarantee provided by another guarantor, the owner shall, unless the owner expressly indicates the contrary when the guarantee is given to the hirer, be liable to the hirer for the observance of that guarantee as if the owner were the guarantor.

(2) Notwithstandingsubsection (1), where the owner gives his or her own commercial guarantee to a hirer, it shall be presumed, unless the contrary is proved, that the owner has not made himself or herself liable to the hirer under any commercial guarantee from another guarantor which the owner has given to the hirer.

(3) The liability of an owner to a hirer undersubsections (1)and(2)is without prejudice to the rights conferred on the hirer undersection 73T.]

73V. F115[Liability under commercial guarantee to subsequent hirers

73V.—Where goods covered by a commercial guarantee provided to a hirer are subsequently acquired by another hirer within the duration of the guarantee period, that other hirer shall be entitled to rely on the commercial guarantee against—

(a) the guarantor undersection 73T, or

(b) the owner undersection 73U(1)and(2),

as if he or she were the hirer to whom the guarantee was provided.]

73W. F116[Provision and content of commercial guarantee statement

73W.—(1) Where goods are let under a hire-purchase agreement and there is a commercial guarantee, the commercial guarantee statement shall be provided to the hirer on a durable medium by the time of the delivery of the goods.

(2) The commercial guarantee statement shall be expressed in concise, plain, intelligible language and shall include the following—

(a) a clear statement that the hirer is entitled by law to remedies from the owner free of charge in the event of a lack of conformity of the goods with the hire-purchase agreement and that those remedies are not affected by the commercial guarantee,

(b) the name and address of the guarantor,

(c) the procedure to be followed by the hirer to obtain the implementation of the commercial guarantee,

(d) the designation of the goods to which the commercial guarantee applies, and

(e) the conditions of the commercial guarantee.

(3) Any failure to comply withsubsection (1)or(2)shall not affect the binding nature of the commercial guarantee for the guarantor.

(4) In this section—

"durable medium" means any instrument which enables a hirer or an owner to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored;

"free of charge" means free of the necessary costs incurred in order to bring goods into conformity with the hire-purchase agreement, particularly the cost of postage, carriage, labour or materials.]

73X. F117[Exclusion or limitation of rights of hirer under commercial guarantee

73X.—(1) A commercial guarantee shall not—

(a) in any way exclude or limit the rights of the hirer under any enactment or rule of law,

(b) impose obligations on the hirer that are additional to his or her obligations under the hire-purchase agreement, or

(c) purport to make the guarantor or any person acting on his or her behalf the sole authority to decide whether goods conform to the hire-purchase agreement or whether the hirer is otherwise entitled to make a claim under the commercial guarantee.

(2) Any provision of a commercial guarantee that is contrary tosubsection (1)shall not be binding on the hirer.

(3) A guarantor who gives a commercial guarantee which contravenessubsection (1)commits an offence.]

74. Implied terms as to title.

74.—F118[…]

75. Letting by description.

75.—F118[…]

76. Implied undertakings as to quality or fitness.

76.—F118[…]

77. Samples.

77.—F118[…]

78. Statements purporting to restrict rights of hirer.

78.—F118[…]

79. Exclusion of implied terms and conditions.

79.—F118[…]

80. Liability of persons conducting negotiations antecedent to hire-purchase agreements.

80.—Where goods are let under a hire-purchase agreement to a hirer, the person, if any, by whom the antecedent negotiations were conducted shall be deemed to be a party to the agreement and that person and the owner shall, jointly and severally, be answerable to the hirer for breach of the agreement and for any misrepresentations made by that person with respect to the goods in the course of the antecedent negotiations.

81. Application of sections 12 and 15 to 19 of Act of 1980 to hire-purchase agreements.

81.—F118[…]

82. Application of section 13 of Act of 1980 to hire-purchase of motor vehicles.

82.—Where a motor vehicle is let under a hire-purchase agreement, section 13 (which relates to an implied condition on sale of motor vehicles) of the Act of 1980 shall have effect as if a contract for sale were a hire-purchase agreement, the buyer were the hirer and the person by whom the antecedent negotiations were conducted were the seller, and the owner shall, jointly with that person and severally, be answerable to the hirer for breach of the implied condition.

83. Antecedent negotiations and representations.

83.—(1)In this Part “antecedent negotiations”, in relation to a hire-purchase agreement, means any negotiations or arrangements with the hirer whereby he was induced to make the agreement or which otherwise promoted the transaction to which the agreement relates; and any reference to the person by whom any antecedent negotiations were conducted is a reference to that person by whom the negotiations or arrangements in question were conducted or made in the course of a business carried on by him.

(2)(a)For the purposes of this Part any negotiations conducted or arrangements or representations made by a servant or agent, if conducted or made by him in the course of his employment or agency, shall be treated as conducted or made by his employer or principal; and anything received by a servant or agent, if received by him in the course of his employment or agency, shall be treated as received by his employer or principal.

(b)In this subsection “representations” includes any statement or undertaking, whether constituting a condition or a warranty or not, and references to making representations shall be construed accordingly.

PART VII Consumer-Hire Agreements

84. Contents of consumer-hire agreements.

84.—(1)A consumer-hire agreement and any contract of guarantee relating thereto shall be made in writing and signed by the hirer and by or on behalf of all other parties to the agreement, and—

(a)a copy of the agreement shall be—

(i)handed personally to the hirer upon the making of the agreement, or

(ii)delivered or sent to the F125[hirer] by the owner within 10 days of the making of the agreement,

and

(b)in case of any contract of guarantee relating to the agreement, a copy of the guarantee and the agreement shall be—

(i)handed personally to the guarantor upon the making of the contract, or

(ii)sent within 10 days of the making of any contract by the F125[owner] to the guarantor.

(2)A consumer-hire agreement shall contain a statement of—

(a)the cash price of the goods to which the agreement relates,

(b)the amount of each instalment to be paid by the hirer under the agreement,

(c)the date, or the method of determining the date, upon which each instalment is payable,

(d)where the agreement is for a specified period—

(i)the number of instalments, and

(ii)the total amount payable under the agreement (including taxes),

(e)the name and address of the supplier of the goods to which the agreement relates,

(f)any additional costs to be paid,

(g)the cost of any early termination by the hirer of the agreement,

(h)the names and addresses of all parties to the agreement at the time of its making, and

(i)any costs or penalties to which the hirer will become liable for any failure by the hirer to comply with the terms of the agreement.

(3)A consumer-hire agreement shall contain a list of the goods to which the agreement relates sufficient to identify them.

(4)A consumer-hire agreement shall contain a notice, which is at least as prominent as the rest of the contents of the agreement, to the effect that the agreement is for the letting of goods which remain the property of the owner.

(5)A consumer-hire agreement shall contain, in respect of the cooling-off period, a statement that the hirer—

(a)has a right to withdraw from the agreement without penalty if the hirer gives written notice to this effect to the F125[owner] within a period of 10 days of the date of receipt by the hirer of a copy of the agreement, or

(b)may indicate that he does not wish to exercise this right by signing a statement to this effect, this signature to be separate from, and additional to, the hirer's signature in relation to any of the terms of the agreement.

(6)A consumer-hire agreement shall contain a statement to the effect that a hirer is obliged to give the owner information under section 91 as to the whereabouts of the goods to which the agreement relates.

(7)A consumer-hire agreement shall contain in a prominent position the words “Consumer-hire agreement”.

85. Enforceability.

85.—An owner shall not be entitled to enforce a consumer-hire agreement or any contract of guarantee relating thereto or any right to recover the goods from the hirer, and no security given by the hirer in respect of money payable under the consumer-hire agreement or given by a guarantor in respect of money payable under such contract of guarantee as aforesaid shall be enforceable against the hirer or guarantor by any holder thereof, unless the requirements specified in section 84 have been complied with:

Provided that if a court is satisfied in any action that a failure to comply with any of the aforesaid requirements, other than section 84 (1), was not deliberate and has not prejudiced the hirer, and that it would be just and equitable to dispense with the requirement, the court may, subject to any conditions that it sees fit to impose, decide that the agreement shall be enforceable.

86. F126[Regulations relating to form and content of consumer-hire agreements.

86.—(1) The Bank may make regulations amendingsection 84with respect to the form or content of consumer-hire agreements.

(2) The Bank may exercise the power conferred bysubsection (1)only after consulting with, or at the request of, the Director and only after obtaining the consent of the Minister for Finance.]

87. Obligation on owners to comply with sections 84 and 86.

87.—An owner who is a party to a consumer-hire agreement shall ensure that the contents of the agreement comply with section 84 and any regulations made under section 86.

88. F127[Application of sections 73A to 83 to consumer-hire agreements

88.—(1) Subject tosubsection (2), where goods are let under a consumer-hire agreement, the provisions ofsections 73Ato83shall apply to the consumer-hire agreement as if it were a hire-purchase agreement.

(2) In the application ofsection 73Pto a consumer-hire agreement, the entitlement to reimbursement of the price referred to insubsection (1)(a)applies only so far as relating to any price paid by the hirer for a period of hire during which the hirer is not in possession of the goods because of the termination of the consumer-hire agreement.

(3) In a consumer-hire agreement, the owner shall ensure that—

(a) the goods are free from any charge or encumbrance that is not disclosed to the hirer before the agreement is entered into, and

(b) the hirer shall enjoy quiet possession of the goods except so far as it may be disturbed by the owner or any other person who is entitled to the benefit of any charge or encumbrance so disclosed.]

89. Right of hirer to determine consumer-hire agreement.

89.—(1)A hirer shall, at any time, be entitled to determine a consumer-hire agreement by giving notice of termination to the owner or any person entitled to receive the sums payable under the agreement.

(2)Where a notice is given under subsection (1) the agreement shall be determined after the expiration of the period of 3 months (or such lesser period as may be specified in the agreement) from the date of receipt of the notice.

90. Hirer to take reasonable care of goods.

90.—A hirer shall take all reasonable care of goods which are let to him under a consumer-hire agreement and shall be liable to the owner if he fails to take such care.

91. Duty of hirer to give information as to whereabouts of goods.

91.—A hirer shall, within 10 days of receipt of a request in writing from the owner of the goods let to the hirer under a consumer-hire agreement, inform the owner where the goods are at the time when the information is given or, if it is sent by post, at the time of posting.

PART VIII Provisions Relating to Moneylending

92. F128[Application and interpretation of Part VIII.

92.—(1) This Part applies to and in respect ofF129[high cost credit agreements]and to all transactions (whatever their form) that substantially involveF129[high cost credit].

(2) In this Part—

"authorised person" means the Bank, a person authorised by the Bank for the purposes of this section,F130[…]an officer of the Bank or a member of the Garda Síochána;

"certified" means certified by an authorised person.]

F131["financial services legislation" has the same meaning as it has in the Central Bank (Supervision and Enforcement) Act 2013;

"rate of nominal monthly interest" means the advertised or stated monthly interest rate, without taking into account any fees, but including any compounding of interest applicable;]

93. Moneylender's licence.

93.—F132[(1) The Bank may grant to an applicant a high cost credit provider’s licence authorising the applicant to engage in the provision of high cost credit on such terms and conditions as it thinks fit, but only after considering all objections made in respect of the application undersubsection (2).]

F132[(2)A person who intends to apply for a high cost credit provider’s licence shall before making such application cause to be published, in a national newspaper published and circulating in the State, a notice of the person’s intention.]

F133[(3) An application for aF135[high cost credit provider’s licence]must—

(a) be in writing and in such form as the Bank may determine, and

(b) be accompanied by the fee (if any) prescribed under section 33K ofthe Central Bank Act 1942, for the purposes of this section.

(4)F136[…]

(5) The application must contain the following information:

(a) the true name and the business name (if any) of the applicant;

(b) the name under which the applicant intends to engage in or engages inF135[the provision of high cost credit];

(c) the address of any premises at which the applicant is carrying on or proposes to carry onF135[the provision of high cost credit];

(d) an itemised statement of the proposed total cost of credit;

F132[(e) details of charges not included in the cost of credit;]

(f) details of the applicant's terms and conditions for providing credit;

(g)F136[…]

(h) a copy of any advertisement placed by the applicant as required undersubsection (2);

(i) such other information as the Bank may reasonably require.]

(6)A person shall not wilfully give any information which is false or misleading in respect of an application for a F135[high cost credit provider’s licence].

F132[(7)A high cost credit provider’s licence shall be valid for 5 years from the date of the grant of the licence.]

(8)A F135[high cost credit provider’s licence] shall state—

(a)the true name and business name (if any) of the holder,

(b)the name under which the holder is authorised by the licence to engage in F135[the provision of high cost credit],

(c)the address of the business premises of the holder, and

(d)F136[…]

(e)an itemised statement of the APR to be charged in relation to F135[high cost credit agreements]by the holder,

F132[(f)details of charges not included therein,]

(g)statement of the licence holder's terms and conditions, and

(h)any restrictions to the licence.

(9)The holder of a F135[high cost credit provider’s licence] shall only engage in F135[the provision of high cost credit] in the name specified in the holder's licence.

(10)F133[The Bank may refuse to grant aF135[high cost credit provider’s licence]on one or more of the following grounds]:

(a)the applicant or any business with which he was connected was, during the previous 5 years, convicted of an offence for contravening section 98,

(b)the Circuit Court has, during the previous 2 years, decided pursuant to section 47 in relation to an agreement between the applicant and a consumer that the total cost of credit was excessive,

(c)the applicant is the holder of—

(i)F137[a betting licence issued under Part 5 of theAct of 2024],

(ii)a licence for the sale of intoxicating liquor granted under the Licensing Acts, 1833 to 1994,

(iii)a gaming licence issued under the Gaming and Lotteries Act, 1956, or

(iv)a pawnbroker's licence granted under the Pawnbrokers Act, 1964, as amended by this Act,

F138[(d)the applicant has failed to provide satisfactory evidence that a current tax clearance certificate in relation to the licence has been issued in accordance with the provisions ofF139[section 1094 of the Taxes Consolidation Act, 1997],]

(e)the applicant or any person responsible or proposed to be responsible for the management of his business in relation to F135[the provision of high cost credit] is by order of a court disqualified from holding a licence,

(f)the applicant is not or is no longer, in the opinion of the F133[Bank], a fit and proper person to carry on F135[the provision of high cost credit],

F132[(g)in the Bank’s opinion, any of the terms or conditions of the applicant relating to credit are unfair,]

F140[(ga) a proposed total cost of credit is excessive,]

(h)in the case of an application for a second or subsequent F135[high cost credit provider’s licence], the applicant did not engage in F135[the provision of high cost credit] according to the terms or conditions of the F132[previous licence,]

F140[(i) the applicant has failed to satisfy the Bank that the applicant is, or will be, able to comply with any requirement imposed on the holder of a licence by, or under, this Part or any other provision of financial services legislation,

(j) the applicant has failed to satisfy the Bank that the applicant conducts or will conduct the applicant’s business in such a manner as to ensure the protection of the applicant’s customers, or