176
Delivery of wrong quantity.
Delivery by instalments.
Delivery to carrier.
No. 4. THE ORDINANCES OF HONGKONG: [AD
(4.) Demand or tender of delivery may be treated as ineffectual if made at an unreasonable hour. What is a reasonable hour is a question of fact.
(5.) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller.
32.—(1.) Where the seller delivers to the buyer a quantity of less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered, he must pay for them at the contract rate.
(2.) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered, he must pay for them at the contract rate.
(3.) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
(4.) The provisions of this section are subject to any usage of trade, special agreement, or course of dealing between the parties.
33.-(1.) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments.
(2.) Where there is a contract for the sale of goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated.
34.-(1.) Where, in pursuance of a contract of sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer.
(2.) Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case. If the seller omits to do so, and the goods are lost or damaged in course of transit, the buyer may decline to treat...
176
Delivery of wrong quantity.
Delivery by instalments.
Delivery to carrier.
No. 4. THE ORDINANCES OF HONGKONG: [AD 1.
(4.) Demand or tender of delivery may be treated as ineffectual m made at a reasonable hour. What is a reasonable hour is a question fact.
(5.) Unless otherwise agreed, the expenses of and incidental to putti the goods into a deliverable state must be borne by the seller.
32.—(1.) Where the seller delivers to the buyer a quantity of less than he contracted to sell, the buyer may reject them, but i buyer accepts the goods so delivered, he must pay for them at the tract rate.
(2.) Where the seller delivers to the buyer a quantity of goods than he contracted to sell, the buyer may accept the goods included the contract and reject the rest, or he may reject the whole. If th buyer accepts the whole of the goods so delivered, he must pay for at the contract rate.
the
(3.) Where the seller delivers to the buyer the goods he contracted sell mixed with goods of a different description not included in contract, the buyer may accept the goods which are in accordance the contract and reject the rest, or he may reject the whole.
(4.) The provisions of this section are subject to any usage of tra special agreement, or course of dealing between the parties.
33.-(1.) Unless otherwise agreed, the buyer of goods is not boun to accept delivery thereof by instalments.
(2.) Where there is a contract for the sale of goods to be delivered! stated instalments, which are to be separately paid for, and the cellf.. makes defective deliveries in respect of one or more instalments or the buyer neglects or refuses to take delivery of or pay for one or mo instalments, it is a question in each case depending on the terme the contract and the circumstances of the case, whether the breach contract is a repudiation of the whole contract or whether it is a sever able breach giving rise to a claim for compensation but not to a rig. treat the whole contract as repudiated.
34.-(1.) Where, in pursuance of a contract of sale, the authorized or required to send the goods to the buyer, delivery goods to a carrier, whether named by the buyer or not, for the purp of transmission to the buyer is prima facie deemed to be a delivery the goods to the buyer.
(2.) Unless otherwise authorized by the buyer, the seller must ma such contract with the carrier on behalf of the buyer as may be reason able, having regard to the nature of the goods and the other cirqu stances of the case. If the seller omits to do so, and the goods are or damaged in course of transit, the buyer may decline to treat
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