Hire-purchase Agreement Acts Amendment Act of 1940 (4 Geo Vi No. 7) (Qld)

17942 HIRE-PURCHASE AGREEMENTS. Hire-purchase Agreement, Etc., Act. 4 GEO. VI. No. 7, FRUIT CASES, SECOND-HAND. See AGRICULTURE (SECOND-HAND FRUIT CASES ACT). FUNERAL BENEFIT BUSINESS. See SOCIETIES (FRIENDLY SOCIETIES ACTS AMENDMENT ACT) GIFT DUTY. See INCOME TAX (INCOME TAX AND SUCCESSION AND PROBATE DUTIES (SAILORS, SOLDIERS, AND MEMBERS OF THE AIR FORCE) EXEMPTION ACT). HIRE-PURCHASE AGREEMENTS. 4 GNEoO.. 7V. I. An Act to Amend "The Hire-purchase Agreement HIRE- Acts, 1933 to 1934," in certain particulars. PURCHASE AGREEMENT ACTS AMENDMENT [ASSENTED TO 16TH OCTOBER, 1940.] ACT OF 1940. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :— Short title 1. This Act may be cited as "The Hire-purchase a co n n d struction. Agreement Acts Amendment Act of 1940," and shall be read as one with *" The Hire-purchase Agreement Acts, 1933 to 1934," herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title. cited as " The Hire-purchase Agreement Acts, 1933 to 1940." *24 Geo. V. No. 9 as amended by s. 26 of the Act 25 Geo. V. No. 33, supra, pages 14602 et seq.

HIRE·PURCHASE AGREEMENTS. li943 1940. Hire-purchase Agreement, Etc., Act. Amendments of the Principal Act. 2. Section seven of the Principal Act is hereby Repeal of repealed and the following sections numbered seven and ~ e: : n of 7.A. are inserted in lieu thereof, namely : - new ss. 7 and 7A. "[7.] (1.) If any chattel has been let or sold under Liability a hire·purchase agreement the owner shall be legally of JIEl!Bon liable for every representation, promise, or term made or ~ ~ . offered to the hirer in relation to the sale or letting ·of purchase or I . n re I a t' Ion t 0- a ag s r . e . e o m w e n n e t r.'· (a) Such chattel; or (b) In case a person hereinafter in this subsection referred to lets or sells chattels of a class similar to the chattel let or sold under the said hire·purchase agreement, a chattel of that class, at any time within a period of six months prior to the making of such hire·purchase agreement by (or by any agent, servant, or representative of) any person who within the said period shall, by himself or through his agent, servant, or representative, have offered or agreed to let or sell to the hirer or obtained or received from the hirer an application or order for the letting or sale to the hirer of such chattel or, as the case may be, a chattel of such class. Every such representation, promise, or term made or offered as aforesaid shall be binding in law as well upon such person as upon the owner. The liability of the owner and of such person to the hirer for every such representation, promise, or term made or offered as aforesaid shall be presumed in law if it be proved that such person by himself or through his agent, servant, or representative offered or agreed withPI the said period to let or sell to the hirer or obtained or received from the hirer an application or order for the letting or sale to the hirer of- (a) The said chattel; or (b) In case such person lets or sells chattels of a class similar to the chattel let or sold under the said hire-purchase agreement, a chattel of that class, unless the adjudicating court be satisfied (the onus of proof whereof shall be on the owner a.nd such other

17944 HIRE-PURCHASE AGREEMENTS. Hire-purchase Agreement, Etc., Act. 4 GEO. VI. No. 7, 1940. person) that the owner and such person, either by himself or through his agents, servants, or representa- tives, were not at any time during the said period acting in concert either in relation to the making or offering of any such representation, promise, or term or in relation to the said letting or sale. Application (2.) This section shall not apply or extend to or <of section. with respect to any hire-purchase agreement made before the passing of *" The Hire-purchase Agreement Acts Amendment Act of 1940." <Contracting- [7 A.] Any covenant, agreement, or condition <oUt. expressed or implied in a hire-purchase agreement or in a separate document (whether such hire-purchase agreement or separate document was made or executed before, on, or after the passing of *" The Hire-purchase ,Agreement Acts Amendment Act of 1940") whereby it is agreed between the owner and the hirer- (a) That any condition or warranty expressed or implied by law upon the letting or sale of the chattel concerned; or (b) That any condition agreed upon verbally or in writing or warranty given verbally or in writing by the owner or any agent, servant, or representative of the owner in the course or for the purpose of bringing about the sale or letting of the chattel concerned; or (C) That any representations, promises, or terms made or offered to the hirer concerned for which representations, promises, or terms the owner shall by law be declared to be legally liable, shall not be legally binding as against such owner, shall be absolutely void and of no legal effect whatsoever." '" This Act.