Section 6: Avoidance of certain provisions

6. Avoidance of certain provisions Subject to section 11 (1), any provision in a hire purchase or credit sale agreement whereby— (a) a dealer or any person acting on his behalf is authorised to enter upon any premises for the purpose of— (i) claiming payment of an instalment; or (ii) taking possession of goods which have been let under a hire purchase agreement or sold under a credit sale agreement; (b) a dealer or any person acting on his behalf is relieved from liability for any entry specified in subsection (1); (c) the right conferred on a hirer or a buyer by this Act to determine the hire purchase or credit sale agreement is excluded or restricted, or whereby any liability in addition to the liability imposed by this Act is imposed on a hirer or a buyer by reason of the termination of the hire purchase or credit sale agreement by him under this Act; (d) a hirer, after the determination of the hire purchase agreement or the bailment in any manner, is subject to a liability which exceeds the liability to which he would have been subject if the agreement had been determined by him under this Act; [Issue 9] H5 – 6 Revised Laws of Mauritius (e) any person acting on behalf of a dealer in connection with the formation or conclusion of a hire purchase or credit sale agreement is treated as or deemed to be the agent of the hirer or buyer; or continued on page H5 – 7 H5 – 6 (1) [Issue 9] Revised Laws of Mauritius (f) a dealer is relieved from liability for the acts or defaults of any person acting on his behalf in connection with the formation or conclusion of a hire purchase or a credit sale agreement, shall be void. [S. 6 amended by Act 1 of 1995.]