Sale of Goods Act, 1930
38. Installment deliveries
(1) Unless otherwise agreed, the buyer of goods is not bound to
accept delivery thereof by installments.
(2) Where there is a contract for the sale of goods to be
delivered by stated installments which are to be separately paid for, and the
seller makes no delivery or defective delivery in respect of one or more
installments, or the buyer neglects or refuses to take delivery of or pay for
one or more installments, it is a question in each case depending on the terms
of the contract and the circumstances of the case, whether the breach of
contract is a repudiation of the whole contract, or whether it is a severable
breach giving rise to a claim for compensation, but not to a right to treat the
whole contract as repudiated.