Sale of Goods.
[CAP. 26
to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
[34
of 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.
[35
Buyer not bound to return rejected 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.
[36
Liability of buyer for neglecting or refusing 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.
[37
PART IV.
RIGHTS OF UNPAID SELLER AGAINST THE GOODS.
40. (1) The seller of goods is deemed to be an unpaid seller 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.
447
of unpaid seller.
Sale of Goods.
[САР. 26
to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
[34
of goods.
37. 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 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.
[35
Buyer not
bound to
rejected
38. Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the return right to do so, he is not bound to return them to the seller, goods. but it is sufficient if he intimates to the seller that he refuses to accept them.
[36
buyer for
or refusing
to take goods.
delivery of
39. When the seller is ready and willing to deliver Liability of the goods and requests the buyer to take delivery, and the neglecting 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 re- pudiation of the contract.
[37
PART IV.
RIGHTS OF UNPAID SELLER AGAINST THE GOODS.
40. (1) The seller of goods is deemed to be an unpaid Definition seller 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 instru- ment 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.
447
of unpaid
seller.
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