Disposal of Uncollected Goods Act 1952

JurisdictionUK Non-devolved
Citation1952 c. 43


Disposal of Uncollected Goods Act , 1952

(15 & 16 Geo. 6 & 1 Eliz. 2) CHAPTER 43

An Act to authorise the disposal of goods accepted in the course of a business for repair or other treatment but not re-delivered; and for purposes connected therewith.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Right of bailees to sell goods accepted for repair or other treatment but not re-delivered.

1 Right of bailees to sell goods accepted for repair or other treatment but not re-delivered.

(1) This Act shall apply in relation to the bailment of any goods accepted (whether before or after the commencement of this Act) by the bailee, in the course of a business, for repair or other treatment on the terms (express or implied) that they will be re-delivered to the bailor or in accordance with the bailor's directions when the repair or other treatment has been carried out and on payment to the bailee of such charges as may be agreed between the parties or as may be reasonable.

(2) Where goods accepted as aforesaid are ready for re-delivery but the bailor fails both—

(a ) to pay or tender to the bailee his charges in relation to the goods; and

(b ) to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery,

the bailee shall, subject to the provisions of any agreement between him and the bailor and to the following provisions of this Act, be entitled, while the failure continues, to sell the goods.

(3) The bailee shall not be entitled by virtue of the last foregoing subsection to sell goods accepted by him for repair or other treatment unless the following provisions are complied with, that is to say:—

(a ) at all premises used or appropriated by the bailee for accepting for repair or other treatment goods of the class to which the goods accepted belong, there is, at the time of the acceptance (whether or not the goods are accepted at any such premises), conspicuously displayed in the part of the premises so used or appropriated a notice indicating that the acceptance by the bailee of goods of that class for repair or other treatment is subject to the provisions of this Act and that this Act confers on the bailee a right of sale exercisable in certain circumstances after an interval of not less than twelve months from the date on which the goods are ready for re-delivery;

(b ) after the goods are ready for re-delivery, or after the commencement of this Act, whichever is the later, the bailee gives to the bailor a notice that the goods are ready for re-delivery, being a notice complying with the requirements of subsection (7) of this section;

(c ) after the expiration of the period of twelve months beginning with the date of the giving of the notice that the goods are ready for re-delivery and not less than fourteen days before the sale of the goods, the bailee gives to the bailor a notice of his intention to sell the goods, being a notice complying with the requirements of the said subsection (7),

and the bailee shall not be so entitled to sell the goods in a lot in which goods not accepted by him from the bailor are included or to sell them otherwise than by public auction:

Provided that—

(i) paragraph (a ) of this subsection shall not apply in relation to any goods accepted before the commencement of this Act for repair or other treatment;

(ii) where the notice of the bailee's intention to sell the goods states, in addition to the matters required to be contained therein by the said subsection (7), the lowest price which he is prepared to accept on a sale of the goods by virtue of this section, he may sell the goods for not less than that price otherwise than by public auction.

(4) Where, at any time before the giving of the notice of the bailee's intention to sell the goods, a dispute arises between the bailor and the bailee by reason of the bailor's refusal to pay the sum which the bailee claims to be due to him by way of his charges in relation to the goods, or to take delivery thereof or give directions as to their delivery, on the ground that the charges are excessive or that the bailor is not satisfied that the repair or other treatment of the goods has been properly carried out, the bailee's right to sell the goods shall be suspended until the dispute is determined.

(5) Without prejudice to any other mode of determining a dispute, it shall be treated for the purposes of this Act as having been determined if the bailee, at any time after the dispute has arisen, gives to the bailor a notice (hereafter in this Act referred to as a ‘notice to treat the dispute as determined’)—

(a ) stating that unless, within the period of one month beginning with the date of the giving of the notice, the bailor objects thereto, the dispute will be treated for the purposes of this Act as having been determined; and

(b ) in other respects complying with the requirements of subsection (7) of this section,

and within the said period of one month the bailor does not object to the notice; and where the dispute is so treated as having been determined, the date on which it shall be so treated as having been determined shall be the date of the giving of the notice.

(6) Where a dispute in relation to any goods is determined (whether by virtue of the last foregoing subsection or otherwise), subsection (3) of this section shall have effect in relation to those goods as if...

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