Section 9 Bailing or hiring by description.C1F1
United Kingdom
Where under a F2relevant hire-purchase agreement goods are bailed or (in Scotland) hired by description, there is an implied F3termthat the goods will correspond with the description, and if under the agreement the goods are bailed or hired by reference to a sample as well as a description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.
Goods shall not be prevented from being bailed or hired by description by reason only that, being exposed for sale, bailment or hire, they are selected by the person to whom they are bailed or hired.
Annotations
Textual amendments
- F1
S. 9 substituted by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 4 para. 35
- F2
Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 2; S.I. 2015/1630, art. 3(g) (with art. 6(1))
- F3
Word in s. 9(1) substituted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(3)(a) (with s. 8(3))
- F4
S. 9(1A) inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(3)(b) (with s. 8(3))
Modifications
- C1
S. 9 amended by Unfair Contract Terms Act 1977 (c. 50, SIF 30), ss. 6(2)(b), 20(2)(b)