Revised Laws of Saint Lucia (2021)

109.   Goods or service acquired by instalment

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    (1)   This section applies to any case where a supplier contracts to provide a consumer with any goods or service over an extended period of time, and to receive periodic payments from the consumer for the goods or service.

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    (2)   The supplier shall —

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      (a)     present a claim for the exact amount of, or the exact percentage of, the total value of the goods or service actually received to date by the consumer; and

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      (b)     on presentation of a claim, be entitled to terminate the consumer agreement if payment in full is not made within a reasonable time after the presentation of the claim, or by a predetermined payment date which forms part of the consumer agreement.

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    (3)   In the event that the supplier is unable to present a claim under subsection (2), the supplier may —

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      (a)     present the consumer with an estimated claim; and

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      (b)     if the estimated claim is reasonable, request that the consumer pays the estimated amount on the conditions specified in subsection (4).

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    (4)   The conditions referred to under subsection (3) are —

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      (a)     the amount paid will be credited to the amount owing at the next time that an accurate claim is presented; and

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      (b)     the supplier shall under no circumstances, be able to terminate the agreement or impose any penalty contained in the agreement in the event of breach by the consumer, solely on the ground that the consumer has not paid the estimated amount, either in full or in part.

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    (5)   A supplier who presents an estimated claim for any goods or service shall present an accurate claim no later than 90 days after presentation of the estimate.

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    (6)   Subsection (5) applies notwithstanding that the consumer of the goods or service does not pay the estimated amount claimed or pays it in full or in part.