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Section 36: Rules for delivering goods under sale contracts

36.Rules as to delivery

(1)Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties.

(2)Where there is no contract, express or implied, as to place of delivery, the place of delivery is the seller's place of business, if the seller has one, and if not, the seller's residence.

(3)Where the contract is for the sale of specific goods which, to the knowledge of the parties when the contract is made, are in some other place, then that place shall be the place of delivery.

(4)Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time.

(5)Where the goods at the time of sale are in the possession of a third party, there is no delivery by the seller to the buyer until the third party acknowledges to the buyer that he or she holds the goods on behalf of the buyer.

(6)Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour, and what is a reasonable hour is a question of fact.

(7)Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller.

(8)This section shall not affect the operation of the issue or transfer of any document of title to goods.

Plain English Summary

The contract between buyer and seller decides who must take possession of goods or send them. If the contract does not say where to deliver, delivery ...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Sale of Goods and Supply of Services Act. Faster results.