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Application of sections 73A to 83 of Act of 1995 to consumer-hire agreements
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151. (1) The Act of 1995 is amended by the substitution for section 88 of the following section:
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“Application of sections 73A to 83 to consumer-hire agreements
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88. (1) Subject to subsection (2), where goods are let under a consumer-hire agreement, the provisions of sections 73A to 83 shall apply to the consumer-hire agreement as if it were a hire-purchase agreement.
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(2) In the application of section 73P to a consumer-hire agreement, the entitlement to reimbursement of the price referred to in subsection (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.
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(3) In a consumer-hire agreement, the owner shall ensure that—
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(a) the goods are free from any charge or encumbrance that is not disclosed to the hirer before the agreement is entered into, and
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(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.”.
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(2) The amendment made by subsection (1) shall apply in relation to a consumer-hire agreement that is concluded on or after the day on which this section comes into operation.
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