CAP. 294]
Disposal of Uncollected Goods
[1984 Ed.
bailee gives to the bailor a notice that the goods are ready for redelivery, being a notice complying with the requirements of subsection (7);
(c) after the expiration of the period of 12 months beginning with the date of the giving of the notice that the goods are ready for redelivery and not less than 14 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 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) shall not apply in relation to any goods accepted before the commencement of this Ordinance 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 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 Ordinance as having been determined if the bailee, at any time after the dispute has arisen, gives to the bailor a notice (hereafter 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 Ordinance as having been determined; and
(b) in other respects complying with the requirements of subsection (7),
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.
2
CAP. 294]
Disposal of Uncollected Goods
[1984 Ed.
bailee gives to the bailor a notice that the goods are ready for redelivery, being a notice complying with the require- ments of subsection (7);
(c) after the expiration of the period of 12 months beginning with the date of the giving of the notice that the goods are ready for redelivery and not less than 14 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 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) shall not apply in relation to any goods accepted before the commencement of this Ordinance 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 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 Ordinance as having been determined if the bailee, at any time after the dispute has arisen, gives to the bailor a notice (hereafter referred to as a notice to treat the dispute as determined)-
(a) stating that unless, without 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 Ordinance as having been determined; and
(b) in other respects complying with the requirements of
subsection (7),
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.
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