P-40 - Consumer Protection Act

Section 28 Disposition versions

1977-12-31

28. A merchant who extends accessory credit in a contract must furnish the consumer with a writing setting out:

(a)  the date and place of the contract if it is entered into in the presence of the merchant and of the consumer;

(b)  the name and address of the merchant;

(c)  the name and address of the consumer;

(d)  the description of the object of the contract, including, as the case may be, the serial number, the year of the model or any other distinguishing mark;

(e)  the cash price of each item;

(f)  the costs of installation or delivery, or other incidental costs;

(g)  the duties payable for a cash contract;

(h)  the aggregate of the amounts mentioned in sub-paragraphs e, f and g;

(i)  the down payment;

(j)  the amount for which credit is actually extended, namely the amount mentioned in sub-paragraph h less that mentioned in sub-paragraph i;

(k)  the cost of credit insurance;

(l)  the supplementary duties payable and necessitated by the credit;

(m)  any amount payable in addition to those mentioned in sub-paragraphs h, k and l;

(n)  the credit charge, namely the aggregate of the amounts mentioned in sub-paragraphs k, l and m;

(o)  the credit rate;

(p)  the aggregate amount of the deferred payments, namely the aggregate of the amounts mentioned in sub-paragraphs j and n;

(q)  the description of every object or document given to the merchant as acknowledgment of or security for the obligation of the consumer;

(r)  the extent of the warranty unless a separate document to that effect is given when the goods are delivered or the services are performed;

(s)  the terms and conditions of payment;

(t)  whether or not the merchant performs his principal obligation when the contract is entered into;

(u)  anything else required by regulation.

The particulars provided for in sub-paragraph r shall not be required if the merchant holds to the legal warranty of the vendor established in the Civil Code.

1971, c. 74, s. 28.