- Commenced on 8 March 1957
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Hire-Purchase Act [Chapter 14:09].
2. Application of ActSubject to subsection (5) of section twenty-four, this Act shall not apply to any agreement under which the State is the seller.
Part II – General provisions relating to agreements
4. Application of Part IIExcept for sections five, twenty-three and twenty-four, which shall apply to every agreement or, as the case may be, to the parties to every agreement, this Part shall not apply to an agreement under which the purchase price exceeds such sum as the Minister may specify by notice in the Gazette.[section as amended by section 4 of Act 22 of 2001]
5. Provisions as to agreements
6. Supply of copies to purchaser
7. Provisions to be included in agreements
8. Invalidity of certain provisions
9. Purchaser entitled to certain information
10. Removal of goods
11. Removal of goods from Zimbabwe
12. Conditions and warranties implied in agreements
13. Appropriation of payments made in respect of agreementsA purchaser who is liable to make payments to the same seller in respect of two or more agreements shall, notwithstanding any agreement to the contrary, be entitled, on making any payment in respect of the agreements which is not sufficient to discharge the total amount then due under all the agreements, to appropriate the sum so paid by him in or towards the satisfaction of the sum due under any one of the agreements, or in or towards the satisfaction of the sums due under any two or more of the agreements, in such proportions as he thinks fit, and, if he fails to make any such appropriation, the payment shall by virtue of this section be appropriated towards the satisfaction of the sums due under the respective agreements in the proportions which those sums bear to one another.
14. Negotiable instruments
15. Right of purchaser to be reinstated after return of goods to seller
16. Right of purchaser to pay outstanding balance of purchase priceA purchaser shall at all times be entitled to pay any instalment of the purchase price before it is due and shall, if he pays the whole of the purchase price remaining unpaid in one amount, be entitled to the reduction of each instalment not due at the said date of payment by an amount calculated at the rate of five per centum per annum on such instalment in respect of the period by which the payment of such instalment is accelerated.
17. Passing of ownershipThe ownership in any goods which are the subject of a hire-purchase agreement shall pass to the purchaser upon payment of all sums payable by him in terms of the agreement.
18. Right of purchaser to terminate hire-purchase agreement
19. Special provisions as to installation charges
20. Disposal of goods upon termination of agreement
21. Powers of the court
22. Waiver of rights by purchaserNo waiver by any purchaser of any right under this Act shall be of any force or effect.
23. Agreements binding on liquidator or trustee of sellerIf a company is being wound up under the law relating to companies or a person is adjudged or otherwise declared insolvent under the law relating to insolvency, any agreement entered into by such company or person as seller shall remain of full force and effect and shall be binding on the liquidator of such company or the trustee concerned, as the case may be:Provided that nothing in this section shall affect the powers of the court to set aside any disposition of property made by way of undue preference.
24. Insolvency of purchaser
Part III – Financial provisions relating to agreements
25. Initial payments and periods for repayment
26. Obligation of buyer to pay instalments to be suspended in certain circumstances
27. Time limit for certain actions
28. Control over purchase price
Part IV – Miscellaneous
History of this document
08 March 1957