bound
livered
and the instal-
or pay ending
case,
whole claim
attract
seller livery t, for
led to
must
may
other
the
may
itself,
seller
principles
ce to
transit, >e at
his
the
risk e of
has
them
SALE OF GOODS.
No. 4 of 1896.
733
unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.
(2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
of goods.
*
35. The buyer is deemed to have accepted the goods when he
Acceptance
intimates to the seller that he has accepted them, or when the goods
goods.
have been delivered to him, and he does any act in relation to them
which is inconsistent with the ownership of the seller, or when after
the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.
bound to return
26. Unless otherwise agreed, where goods are delivered to the
Buyer not
buyer, and he refuses to accept them, having the right to do so,
he is not bound to return them to the seller, but it is sufficient if
rejected
goods.
he intimates to the seller that he refuses to accept them.
to take
*
37. When the seller is ready and willing to deliver the goods and
Liability of
requests the buyer to take delivery, and the buyer does not within
buyer for
neglecting
a reasonable time after such request take delivery of the goods, he
or refusing
is liable to the seller for any loss occasioned by his neglect or
delivery of
refusal to take delivery, and also for a reasonable charge for the care
goods.
and custody of the goods: Provided that nothing in this section
shall affect the rights of the seller where the neglect or refusal of
the buyer to take delivery amounts to a repudiation of the contract.
PART IV.
RIGHTS OF UNPAID SELLER AGAINST THE GOODS.
*
38.-(1) The seller of goods is deemed to be an "unpaid seller,"
Definition of
within the meaning of this Ordinance,--
(a) when the whole of the price has not been paid or tendered;
(b) when a bill of exchange or other negotiable instrument has
been received as conditional payment, and the condition on
which it was received has not been fulfilled by reason of the
dishonour of the instrument or otherwise.
(2) In this Part the term "seller" includes any person who is in
the position of a seller, as, for instance, an agent of the seller to
*See note to section 1.
unpaid seller.