D 1896.1
SALE OF GOODS.
[No. 4.
177
very to the carrier as a delivery to himself, or may hold the seller responsible in damages.
B) Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit, and, if the seller fails to do so, the goods shall be deemed to be at his risk during such sea transit.
35. Where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer must, nevertheless, unless otherwise agreed, take any risk of deterioration in the goods necessarily incident to the course of transit.
36 (1.) Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them 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.
Risk where goods are delivered at distant place.
Buyer's right of examining goods.
37 The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the 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.
Acceptance of goods.
38. Unless otherwise agreed, where goods are delivered to the 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 he intimates to the seller that he refuses to accept them.
Buyer not bound to return rejected goods.
Liability of buyer for neglecting to take delivery of goods.
39 When the seller is ready and willing to deliver the goods and requests the buyer to take delivery, and the buyer does not, within a reasonable time after such request, take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery and also for a reasonable charge for the care 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.
12
D 1896.1
SALE OF GOODS.
[No. 4.
177
very to the carrier as a delivery to himself, or may hold the seller ponsible in damages.
B) Unless otherwise agreed, where goods are sent by the seller to the war by a route involving sea transit, under circumstances in which it
al to insure, the seller must give such notice to the buyer as may ble him to insure them during their sea transit, and, if the seller fails do so, the goods shall be deemed to be at his risk during such sea
35. Where the seller of goods agrees to deliver them at his own risk place other than that where they are when sold, the buyer must, vertheless, unless otherwise agreed, take any risk of deterioration in
goods necessarily incident to the course of transit.
36 (1.) Where goods are delivered to the buyer, which he has not reviously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the
ontract.
(2) Unless otherwise agreed, when the seller tenders delivery of pods to the buyer, he is bound, on request, to afford the buyer a asonable opportunity of examining the goods for the purpose of ascer- aining whether they are in conformity with the contract.
Risk where delivered at goods are distant place.
Buyer's right of examining goods.
37 The buyer is deemed to have accepted the goods when he Acceptance
of goods. mtimates to the seller that he has accepted them, or when the goods."
aye 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 apse of a reasonable time, he retains the goods without intimating to
seller that he has rejected them.
bound to return
38. Unless otherwise agreed, where goods are delivered to the buyer, Buyer not d he refuses to accept them, having the right to do so, he is not bound return them to the seller, but it is sufficient if he intimates to the rejected
that he refuses to accept them.
goods.
Liability of buyer for neglecting
to take
39 When the seller is ready and willing to deliver the goods and quests the buyer to take delivery, and the buyer does not, within a asonable time after such request, take delivery of the goods, he is liable or refusing
the seller for any loss occasioned by his neglect or refusal to take very and also for a reasonable charge for the care and custody of goods : Provided that nothing in this section shall affect the rights the seller where the neglect or refusal of the buyer to take delivery
unts to a repudiation of the contract.
delivery of goods.
12
No comments yet.
Private notes are available after approval.