3. Right of bailees to sell goods held under bailment for repair or other treatment and not re-delivered (1) Where, in the course of a business, goods have been accepted and are held, by any person under a bailment for repair or other treatment on terms, express or implied, that the said goods will be re- delivered to the bailor or in accordance with his 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, and where such goods 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. (2) The bailee shall not be entitled by virtue of subsection (1) to sell goods accepted by him under a bailment for repair or other treatment unless the following provisions are complied with: (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 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Disposal of Uncollected Goods Act, 1967 (Chapter 410) Zambia after an interval of not less than six months from the date on which the goods are ready for re-delivery: Provided that this Act shall not apply— (i) (ii) in the case of goods accepted under bailment for repair or other treatment prior to the passing of the Disposal of Uncollected Goods Act, 1952, of the United Kingdom, unless a notice pursuant to paragraph (a) of subsection (1) of section 5 of that Act was published in accordance with the provisions of that paragraph and a further notice pursuant to paragraph (b) of subsection (1) of section 5 of that Act was displayed in accordance with the provisions of that paragraph; or in the case of goods accepted under bailment for repair or other treatment prior to the passing of this Act, unless a notice pursuant to paragraph (a) of subsection (3) of section 1 of the Disposal of Uncollected Goods Act, 1952, of the United Kingdom, was, at the time of the acceptance of the said goods by the bailee, displayed in accordance with the provisions of that paragraph; and such notices or notice shall be deemed to be a notice under the provisions of this paragraph for the purposes of this Act; (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 (6); (c) after the expiration of the period of six 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 subsection (6), and causes to be published in the Gazette a notice which shall contain a description of the goods, the name of the bailor, and which shall declare his intention to sell the goods; 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 where notice of the bailee's intention to sell the goods states, in addition to the matters required to be contained therein by subsection (6), the lowest price 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. (3) 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. (4) 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) (b) stating that unless, within the period of one month beginning with the day 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 in other respects complying with the requirements of subsection (6); 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. (5) Where a dispute in relation to any goods is determined (whether by virtue of subsection (4) or otherwise), subsection (2) shall have effect in relation to those goods as if paragraph (b) thereof were omitted and as if for the reference in paragraph (c) thereof to the date of the giving of the By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Disposal of Uncollected Goods Act, 1967 (Chapter 410) Zambia notice that the goods are ready for re-delivery there were substituted a reference to the date on which the dispute is determined. (6) A notice required or authorised by this section to be given by the bailee to the bailor must contain a sufficient description of the goods to which the notice relates and a statement of the sum which the bailee claims to be due to him by way of his charges in relation to the goods, together with— (a) (b) in the case of a notice that the goods are ready for re-delivery or a notice to treat the dispute as determined, a statement that if the bailor fails, within the period of six months beginning with the date of the giving of the notice, both to pay the said sum and to take delivery of the goods or give directions as to their delivery, they are liable to be sold in accordance with the provisions of this Act; in the case of a notice of the bailee's intention to sell the goods, a statement of the date of the giving of the notice that the goods are ready for re-delivery or, where there has been a dispute between the bailor and the bailee, the date on which the dispute was determined, and a statement that if the bailor fails, within the period of fourteen days beginning with the date of the giving of the notice of the bailee's intention to sell the goods, both to pay the said sum and to take delivery of the goods or give directions as to their delivery, they are liable to be sold in accordance with the provisions of this Act.
