CHAPTER IV – PERFORMANCE OF THE CONTRACT 31. Duties of seller and buyer. It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale. Sale fo Goods Act full Bare ActKEEP READING

32. Payment and delivery are concurrent conditions. Unless otherwise agreed, delivery of the gods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyerKEEP READING

33. Delivery. Delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorised to hold them on his behalf. Sale fo GoodsKEEP READING

34. Effect of part delivery. A delivery of part of goods, in progress of the delivery of the whole has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole, but a delivery of part of the gods, with an intentionKEEP READING

35. Buyer to apply for delivery. Apart from any express contract, the seller of goods in not bound to deliver them until the buyer applies for delivery. Sale fo Goods Act full Bare Act Download Sale of Goods Act PDFKEEP READING

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. Apart from any such contract, goodsKEEP READING

37. Delivery of wrong quantity. (1) Where the seller delivers to the buyer a quantity of good less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he shall pay for them at the contract rate. (2) Where the sellerKEEP READING

38. Instalment deliveries. (1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments. (2) Where there is a contract for the sale of goods to be delivered by stated instalments which are to be separately paid for, and the seller makes no deliveryKEEP READING

39. Delivery to carrier or wharfinger. (1) Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to he buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer,KEEP READING

40. Risk where goods are delivered at distant place. Where the seller of goods agrees to deliver them at his own risk at place other than that where they are when sold, the buyer shall, nevertheless, unless otherwise agreed, take any risk of deterioration in the goods necessarily incident toKEEP READING

41. Buyer’s right of examining the goods. (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 a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformityKEEP READING

42. Acceptance. 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, orKEEP READING

43. Buyer not bound to return rejected goods. Unless otherwise agreed, where goods are delivered to the buyer and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is he intimates to the seller that heKEEP READING

44. Liability of buyer for neglecting or refusing delivery of goods. 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 toKEEP READING

CHAPTER V – RIGHTS OF UNPAID SELLER AGAINST THE GOODS 45. “Unpaid seller” defined. (1) The seller of goods is deemed to be an “unpaid seller” within the meaning of this Act- (a) When the whole of the price has not been paid or tendered; (b) When a bill of exchangeKEEP READING

46. Unpaid seller’s rights. (1) Subject to the provisions of this Act and of any law for the for the time being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law- (a)KEEP READING