Highlight the rules that govern delivery of goods
Rules that govern delivery of goods
- Whether it is for the seller to transmit the goods to the buyer or for the buyer to take delivery at the seller’s premises depends on the agreement between the two.
- Unless otherwise agreed, the cost of and incidental to putting the goods into a deliverable state is borne by the seller.
- Unless otherwise agreed the place of delivery is the seller’s place of business if not then his residence.
- Where specific goods are in some other place known to both parties, that other place is the place of delivery
- If the goods are in the hands of a 3rd party, delivery is complete when the 3rd party notifies the buyer that he holds the goods on his behalf.
- If the seller is bound to transmit, the goods to the buyer, he must do so within the stipulated time if any or within a reasonable time.
- Delivery by common carrier is Prima Facie complete when the goods are handed over to the carrier.
- If the seller delivers less goods, the buyer may reject them or accept and pay at the contract rate
- If the quantity delivered is more, the buyer may reject the goods, or accept those included in the contract or accept all and pay at the contract rate.
- If the goods delivered are mixed with those of a different description, the buyer may: –
- Reject the goods.
- Accept those included in the contract
- Unless otherwise agreed, the buyer is not bound to accept delivery by instalment.
- If the buyer rejects the goods as of right, he is not bound to return the same to the seller but must notify him the fact of rejection.