Consumer Credit Act, 1995
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Exclusion of implied terms and conditions. |
79.—(1) An express condition or warranty does not negative a condition or warranty implied by this Part unless inconsistent therewith. | |
(2) A term of a hire-purchase agreement or any other agreement exempting from all or any of the provisions of section 74 shall be void. | ||
(3) A term of a hire-purchase agreement or any other agreement exempting from all or any of the provisions of section 75 , 76 or 77 shall be void and shall not be enforceable unless it is shown that it is fair and reasonable. | ||
(4) Subsection (3) shall not prevent a court from holding, in accordance with any rule of law, that a term which purports to exclude or restrict any of the provisions of section 75 , 76 or 77 is not a term of the hire-purchase agreement. | ||
(5) Any reference in this section to a term exempting from all or any of the provisions of any section of this Part is a reference to a term which purports to exclude or restrict, or has the effect of excluding or restricting, the operation of all or any of the provisions of that section, or the exercise of a right conferred by any provision of that section, or any liability of the owner for breach of a condition or warranty implied by any provision of that section. |