Provisions in agreements that are void
28 Provisions in agreements that are void
Any provision in any agreement or other document whereby —
any right conferred on the hirer by this Act to determine a hire‑purchase agreement is excluded or restricted; or
a liability beyond the liability imposed by this Act is imposed on the hirer under a hire‑purchase agreement by reason of the determination of the hire‑purchase agreement in accordance with this Act; or
the hirer under a hire‑purchase agreement is subject to any greater liability on the determination, in any manner, of the hire‑purchase agreement or of the bailment thereunder, than the liability to which he would be subject if the hire‑purchase agreement were determined in accordance with this Act; or
the hirer under a hire‑purchase agreement is required to pay any sum (whether or not it is described in the agreement as interest) in respect of any amount due under the hire‑purchase agreement but not paid exceeding a sum equal to the simple interest on that amount calculated at the rate of 8% per annum on a daily basis for the period for which it is due and not paid; or
any person acting on behalf of the owner under a hire‑purchase agreement in connection with or in the course of the negotiations leading to the entering into the hire‑purchase agreement is to be treated as, or declared to be, the agent of the hirer; or
the owner under a hire‑purchase agreement is relieved from liability for the acts or defaults of any person acting in connection with or in the course of the negotiations leading to the entering into the hire‑purchase agreement; or
the owner under a hire‑purchase agreement or any person acting on his behalf is authorised to enter upon any premises for the purpose of taking possession of goods comprised in the hire‑purchase agreement or is relieved from liability for any such entry; or
the operation of a hire‑purchase agreement is determined or modified or any person is authorised to repossess any goods comprised in a hire‑purchase agreement if the hirer becomes, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws or commits an act of bankruptcy (whether all or any of these events are named); or
except as expressly provided by this Act the operation of any provision of this Act is excluded, modified, or restricted,
is void.
Where any agreement or other document contains a provision that is void under subsection (1), the owner under the relevant hire‑purchase agreement concerned commits an offence against this Act.
[Section 28 amended: No. 18 of 2009 s. 42.]
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