Section 9: Implied conditions and warranties

9. Implied conditions and warranties (1) In every hire purchase or credit sale agreement, there shall be— (a) an implied warranty that the hirer shall have and enjoy quiet possession of the goods; (b) an implied condition on the part of the dealer that he shall have a right to sell the goods at the time when title to the property is to pass; (c) an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party at the time when title to the property is to pass; and (d) an implied condition that the goods shall be of merchantable quality, except where the hirer has examined the goods or a sample of them, as regards defects which the examination ought to have revealed. (2) Where the hirer, expressly or by implication, makes known the particular purpose for which the goods are required, there shall be an implied condition that the goods shall be reasonably fit for such purpose. (3) The warranties and conditions set out in subsection (1) shall be implied, notwithstanding any hire purchase or credit sale agreement to the contrary, and the dealer shall not be entitled to rely on any provision in the agreement or credit sale agreement excluding or modifying the condition set out in subsection (2) unless he proves that, before the hire purchase or credit sale agreement was made, the provision was brought to the notice of the hirer and its effect made clear to him. (4) The warranties and conditions set out in subsection (1) shall be governed by the same principles as those governing warranties and conditions of similar nature provided for by the Code Civil Mauricien in the matter of sales of movables. (5) Nothing in this section shall prejudice the operation of any other enactment or rule of law whereby any condition or warranty is to be implied in any hire purchase or credit sale agreement. [S. 9 amended by Act 1 of 1995.]