s 39 Secondhand goods
39.—(1) Where goods comprised in a regulated agreement are, at the time when the agreement is entered into, secondhand goods then unless —(a) the goods are described in the agreement as secondhand goods; or (b) in any proceedings taken by the owner to enforce the agreement, the court is satisfied that —(i) the hirer was aware at the time when he or his agent signed the agreement that the goods comprised or to be comprised in the agreement were secondhand goods; or (ii) the owner was not aware at the time when the agreement was entered into the goods comprised in the agreement were secondhand goods, the liability of the hirer under the agreement shall be reduced by the amount included in the agreement for terms charges. (2) The amount may be set-off by the hirer against the amount that would otherwise be due or become due to the owner under the agreement and, to the extent to which it is not so set‑off, may be recovered by the hirer from the owner as a civil debt.