HIRE-PURCHASE ACT

Section 16: Information to be included in advertisements.

1968Section 16 of 21Federal Republic of Nigeria

(1) An advertisement to which section 15 of this Act applies shall not be displayed or issued by any means unless it includes all the information required by this section and each part of that information is displayed or stated clearly in the advertisement in such a way as not to give undue prominence or emphasis to any part of it in comparison with any other part.
(2) Where an advertisement contains details of payments in respect of any goods, then, in so far as it relates to those goods, the information required by this section is the following, that is to say-
(a) either-
(i) the amount of the deposit directly expressed; or
(ii) a statement that the amount of the deposit is a fraction specified in the advertisement of a sum the amount of which is directly expressed in the advertisement; or
(iii) a statement that no deposit is payable;
(b) the amount of each instalment directly expressed;
(c) the total number of instalments payable;
(d) the length of the period in respect of which each instalment is payable;
(e) if any instalments are payable before delivery of the goods, the number of instalments so payable; and
(f) a sum stated as the cash price of the goods.
(3) In so far as an advertisement to which section 15 of this Act applies relates to goods in respect of which the advertisement does not contain details of payments, the information required by this section is that specified in subsection (2) of this section, subject to the following modifications, that is to say-
(a) with regard to the deposit, the information required by this section (instead of that specified in subsection (2) (a) of this section) is either-
(i) a statement that the amount of the deposit is a fraction specified in the advertisement of a price or sum the nature of which is clearly indicated in the advertisement; or
(ii) a statement that no deposit is payable; and
(b) subsection (2) (b) and (f) of this section shall not apply.
(4) For the purposes of this section an advertisement shall be taken to contain details of payments in respect of any goods if it specifies the amount of the deposit payable in respect of those goods, or of any one or more of the instalments so payable, and that amount is directly expressed in the advertisement.
(5) Without prejudice to the generality of subsection (1) of this section, in the case of an advertisement of goods-
(a) as being goods available for disposal alternatively by way of hire-purchase or by way of credit-sale; or
(b) as being goods available for disposal in accordance with two or more alternative schemes of hire-purchase, or two or more alternative schemes of credit-sale,
the information required by this section shall not be taken to be displayed or stated clearly in the advertisement if it is not displayed or stated so as to distinguish clearly between the information applicable to hire-purchase and the information applicable to credit-sale or, as the case may be, so as to distinguish clearly between the information applicable to each of the schemes of hire-purchase or credit-sale respectively.
(6) In the case of any advertisement contained in a sound broadcast or issued by means of a loudspeaker or other public address system-
(a) for the purposes of section 15 of this Act, and for the purpose of determining under this section whether the advertisement contains details of payments in respect of any goods, anything included in any visual display by which the advertisement is accompanied shall be taken to form part of the advertisement;
(b) for the purposes of this section other than the purpose mentioned in paragraph (a) of this subsection, information shall be taken not to be included in the advertisement unless it is contained in it in an audible form;
(c) in determining for the purposes of subsection (1) of this section whether each part of the information required by this Act is stated clearly in the advertisement in such a way as not to give undue prominence or emphasis to any part of it in comparison with any other part, regard shall be had to the length of time taken by each successive part of the advertisement and to the aggregate length of time taken by them all, as well as to the contents of the advertisement.
(7) In the case of any advertisement contained in a cinematograph film or television broadcast-
(a) for the purposes of section 15 of this Act, and for the purpose of determining under this section whether the advertisement contains details of payments in respect of any goods, anything included in any spoken words or other sounds by which the advertisement is accompanied shall be taken to form part of the advertisement;
(b) for the purposes of this section, other than the purpose mentioned in paragraph (a) of subsection (7) of this section, information shall be taken not to be included in the advertisement unless it is contained in it in a visual form;
(c) in determining for the purposes of subsection (1) of this section whether each part of the information required by this Act is displayed clearly in the advertisement in such a way as not to give undue prominence or emphasis to any part of it in comparison with any other part, regard shall be had to the length of time for which the advertisement is displayed (or, if different parts of the advertisement are displayed successively, to the length of time taken by each of them and to the aggregate length of time taken by them all) as well as to the contents of the advertisement.

Cite this section

Section 16, HIRE-PURCHASE ACT (1968).

https://repo.podus.ai/laws/hire-purchase-act/section/16/