(1) In every hire-purchase agreement, other than one to which subsection (2) applies, there is -
(a) an implied condition on the part of the owner that he will have a right to sell the goods at the time when the property is to pass, and
(b) an implied warranty that the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed to the hirer before the agreement is made and that the hirer will enjoy quiet possession of the goods except so far as it may be disturbed by any person entitled to the benefit of any charge or encumbrance so disclosed.
(2) In a hire-purchase agreement, in the case of which there appears from the agreement or is to be inferred from the circumstances of the agreement an intention that the owner should transfer only such title as he or a third person may have, there is -
(a) an implied warranty that all charges or encumbrances known to the owner have been disclosed to the hirer before the agre