SALE OF GOODS.
No. 4 of 1896.
691
33. 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 to that distant place.
34. (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.
35. 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.
36. 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.
37. 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 or refusing 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.
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SALE OF GOODS.
No. 4 of 1896.
691
delivered at
33. Where the seller of goods agrees to deliver them at Risk where his own risk at a place other than that where they are when goods are sold, the buyer must, nevertheless, unless otherwise agreed, distant
place. take any risk of deterioration in the goods necessarily incident to the course of transit.
goods.
34. (1) Where goods are delivered to the buyer, which Buyer's right he has not previously examined, he is not deemed to have of examining 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.
of goods.
35. The buyer is deemed to have accepted the goods Acceptance 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 owner- ship 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.
hound to
36. Unless otherwise agreed, where goods are delivered Buyer not to the buyer, and he refuses to accept them, having the right roturn to do so, he is not bound to return them to the seller, but it rejected is sufficient if he intimates to the seller that he refuses to accept them.
goods.
to take
37. When the seller is ready and willing to deliver the Liability of
buyer for goods and requests the buyer to take delivery, and the buyer neglecting does not within reasonable time after such request take or refusing delivery of the goods, he is liable to the seller for any loss delivery of occasioned by his neglect or refusal to take delivery, and also goods. 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.
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