Section 13: Postponement of order for delivery

13. Postponement of order for delivery (1) (a) Subject to paragraph (b), while the operation of an order for the specific delivery of goods to the dealer is postponed under section 12, the hirer shall be deemed to be a bailee of the goods under and on the terms of the hire purchase agreement. (b) No further sum shall be or become payable by the hirer or a guarantor on account of the unpaid balance of the hire purchase price, except in accordance with the terms of the order, and the Court may make such further modification of the terms of the hire purchase agreement and of any contract of guarantee relating to it as the Court considers necessary, having regard to the variation of the terms of payment. (2) (a) Where, while the operation of an order for the specific delivery of the goods to the dealer is so postponed, the hirer or a guarantor fails to comply with any condition of the postponement, or with any term of the agreement as varied by the Court, or wrongfully disposes of the goods, the dealer shall not take any civil proceedings against the hirer or guarantor otherwise than by making an application to the Court by which the order was made. (b) Where there is a breach of any condition relating to the payment of the unpaid balance of the hire purchase price, it shall not be necessary for the dealer to apply to the Court for leave to execute the order unless the Court has so directed. (3) Where the unpaid balance of the hire purchase price has been paid in accordance with the order, the dealer’s title to the goods shall vest in the hirer. (4) The Court may at any time during the postponement of the operation of such an order— (a) vary the conditions of the postponement, and make such further modification of the hire purchase agreement and of any contract of guarantee relating to it as the Court considers necessary, having regard to the variation of the conditions of the postponement; (b) revoke the postponement; or H5 – 11 [Issue 1] Hire Purchase and Credit Sale Act (c) make an order, in accordance with section 12, for the specific delivery of a part of the goods to the dealer and for the transfer to the hirer of the dealer’s title to the remainder of the goods. [S. 13 amended by Act 1 of 1995.]