Hirer may obtain return of goods in some cases
16 Hirer may obtain return of goods in some cases
If, within 14 days after giving notice to the owner pursuant to the provisions of section 15(1)(a), the hirer —
pays or tenders to the owner any amount due by the hirer under the hire‑purchase agreement in respect of the period of hiring up to the date of that payment or tender; and
remedies any breach of the agreement or (where he is unable to remedy the breach by reason of the fact that the owner has taken possession of the goods) pays or tenders to the owner the costs and expenses reasonably and actually incurred by the owner in doing any act, matter, or thing necessary to remedy that breach; and
pays or tenders to the owner the reasonable costs and expenses of the owner of and incidental to his taking possession of the goods and of his returning them to or to the order of the hirer,
the owner shall forthwith return the goods to the hirer and the goods shall be received and held by the hirer pursuant to the terms of the hire‑purchase agreement as if the breach had not occurred and the owner had not taken possession thereof.
Where goods are returned to the hirer pursuant to subsection (1) and any breach has not been remedied, the owner has no right arising out of that breach to take possession of those goods unless —
by notice in writing given to the hirer at the time of the return of the goods he specifies the breach and requires it to be remedied; and
the hirer fails within 14 days or within the time specified in the notice (whichever is the longer) after receiving the notice to remedy the breach.
For the purposes of subsection (1)(a), where the hirer makes a payment or tender referred to in that paragraph, the hiring shall be deemed to have continued up to the date on which that payment or tender was made.
[Section 16 amended: No. 107 of 1973 s. 15.]
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