§476-3  General requirements of credit sale
contracts.  (a)  Every credit sale contract shall:



(1)  Be in writing;



(2)  Contain, incorporate by reference, or otherwise
clearly refer to all the agreement of the parties; provided that if a portion
of the agreements are to be filed or recorded with any governmental agency, it
may be contained in a separate part; and



(3)  Be signed by the parties; provided that if a
portion of the agreements is contained in a separate part, the separate part
shall be separately signed.  If the contract provides for the extension of
open-end credit, it shall be deemed to have been signed by the buyer if the
buyer has signed an application for the open-end credit plan and, after receipt
from the seller of a copy of the contract, has made purchases under the plan. 
The parties' signatures shall be made by use of any name, including any trade
or assumed name, upon the credit sale contract, or by any word or mark used in
lieu of a written signature.



(b)  The contract may provide for purchases to
be made by the buyer from time to time and shall be effective as to such
purchases.  If the contract provides for purchases to be made from time to
time, the sales slip or other written statement or evidence with respect to
each purchase shall be furnished to the buyer promptly following each purchase
and shall set forth the amount and date of the transaction and the seller's
name or trade name.



(c)  The printed, handwritten, or typewritten
portion of the contract shall be in a size at least equivalent to eight-point
type.  The contract shall contain, in a size and style equal at least to
ten-point bold type if printed, upper case elite type if typewritten and
equivalent thereto if handwritten, the words, "CREDIT SALE CONTRACT"
both at the top of the contract and directly above the space reserved for the
signature of the buyer.



(d)  Immediately above the words "CREDIT
SALE CONTRACT" where they appear directly above the space reserved for the
signature of the buyer there shall appear a notice substantially similar to the
following:



"NOTICE TO THE BUYER:  Do
not sign this contract before you read it.  When you sign this contract, you
are entitled to a copy of it that is filled in, in every necessary respect. 
You should keep it.  This contract is covered by Hawaii's credit sale law, and
you have the rights of a buyer under that law.  You also may have rights under
other state and federal laws."



(e)  The contract shall contain the names or
trade names of the parties and their respective places of business or residence
or their mailing addresses.  If the contract does not provide for purchases to
be made from time to time, either the contract, or the sales slip, or other
written statement or evidence of the purchase required to be furnished to the buyer
under this section, shall contain an indication of the types or a description
of the goods, services, or both. [L 1961, c 102, pt of §1; am L 1963, c 68, §2;
Supp, §201A-2; am L 1967, c 285, §2; HRS §476-2; am L 1969, c 131, §1; am L
1976, c 32, §2; am and ren L 1984, c 86, pt of §1]



 



Cross References



 



  Sales, Uniform Commercial Code, see chapter 490, article 2.