Section 4
Section 4
Before any hire-purchase agreement is entered into in respect of any goods—
(a)
in a case where negotiations leading to the making of the hire-purchase agreement is carried out by any person who would be the owner under the hire-purchase agreement to be entered into, or by any person, other than the dealer, acting on his behalf, such person shall serve on the intending hirer a written statement duly completed and signed by him in accordance with the form set out in Part
I of the Second Schedule;
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(b)
in a case where negotiations leading to the making of the hire-purchase agreement is carried out by a dealer, such dealer shall—
(i)
serve on the intending hirer a written statement duly completed and signed by him in accordance with the form set out in Part I of the Second
Schedule; and
(ii)
at any time after the service of the written statement referred to in subparagraph (i) but before the hire-purchase agreement is entered into, serve on the intending hirer a written statement duly completed and signed both by him and the prospective owner in accordance with the form set out in Part II of the Second Schedule.
(2)
The written statements referred to in subsection (1) shall be served by delivering it in person to the intending hirer or his agent who shall acknowledge receipt of the same by signing under his hand at the appropriate column contained therein.
(3)
Any person who has been served with the written statement or statements referred to in subsection (1) shall not be under any obligation to enter into any hire-purchase agreement and no payment mentor or other consideration shall be required from him in respect of the preparation or service of such statement or statements, as the case may be.
(4)
A hire-purchase agreement entered into in contravention of subsection (1) shall be void.
(5)
An owner who enters into a hire-purchase agreement and a dealer who carries out negotiations leading to the making of a hire-purchase agreement that does not comply with subsection (1), irrespective of whether such hire-purchase agreement is void or otherwise, shall be guilty of an offence under this Act.
(6)
Where a person upon whom a written statement or statements referred to in subsection (1) have been served is subject to any
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obligation to enter into any hire-purchase agreement to which such written statement or statements relate or is required to make any payment or other consideration in respect of the preparation or service of such statement or statements, as the case may be, any person who imposed such obligation or requirement shall be guilty of an offence under this Act.
(7)
The Minister may, by order, amend, vary, delete from, or add to, Part I and Part II of the Second Schedule.