Investor Presentaiton
[Rev. 2016]
No. 46 of 2012
Consumer Protection
(6) Sections 36 to 38 apply to remote agreements if the consumer's total
potential payment obligation under the agreement, excluding the cost of borrowing,
exceeds such amount as may be prescribed.
18. Requirement for future performance agreements
Every future performance agreement shall be in writing, shall be delivered to
the consumer and shall be made in accordance with the prescribed requirements.
19. Cancelling future performance agreements
A consumer may cancel a future performance agreement within one year after
the date of entering into the agreement if the consumer does not receive a copy of
the agreement that meets the requirements under section 18.
20. Repossession after payment of two-thirds
(1) Where a consumer under a future performance agreement has paid
two-thirds or more of his or her payment obligation as fixed by the agreement,
any provision in the agreement, or in any security agreement incidental to the
agreement, under which the supplier may retake possession of or resell the goods
or services upon default in payment by the consumer is not enforceable except by
leave obtained from the High Court.
(2) Upon an application for leave under subsection (1), the court may, in its
discretion, grant leave to the supplier or refuse leave or grant leave upon such
terms and conditions as the court considers advisable.
21. Late delivery
(1) A consumer may cancel a future performance agreement at any time before
delivery under the agreement or the commencement of performance under the
agreement if the supplier-
(a) does not make delivery within thirty days after the delivery date
specified in the agreement or an amended delivery date agreed to by
the consumer in writing; or
(b) does not begin performance of his, her or its obligations within thirty
days after the commencement date specified in the agreement or an
amended commencement date agreed to by the consumer in writing.
(2) If the delivery date or commencement date is not specified in the future
performance agreement, a consumer may cancel the agreement at any time
before delivery or commencement if the supplier does not deliver or commence
performance within thirty days after the date the agreement is entered into.
(3) If, after the period in subsection (1) or (2) has expired, the consumer agrees
to accept delivery or authorize commencement, the consumer may not cancel the
agreement under this section.
(4) For the purposes of subsections (1) and (2), a supplier is considered to have
delivered or commenced performance under a future performance agreement if
(a) delivery was attempted but was refused by the consumer at the time
that delivery was attempted or delivery was attempted but not made
because no person was available to accept delivery for the consumer
on the day for which reasonable notice was given to the consumer
that there was to be delivery; or
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