Sale of Goods
Rights and Duties of the Seller
The rights and duties of a seller, under the Act, may be summarized as below:
| |
RIGHT |
|
DUTIES |
| 1. |
To reserve the right of
disposal of the goods until certain conditions are fulfilled. ( sec 25 (1)
|
1 |
To make the arrangement for
transfer of property in the goods to the buyer. |
| 2. |
To assume that the buyer has accepted the goods , where the buyer
(i ) Conveys his acceptance;
(ii) Does an act adopting the sale; or
(iii) Retains the goods without giving a notice of rejection, beyond the
specified date (or reasonable time), in a sale on approval. (sec 24) |
2. |
To ascertain and appropriate
the goods to the contract of sale |
| 3. |
To deliver the goods only when
applied for by the buyer ( sec 35)
|
3. |
To pass an absolute and
effective title to the goods, to the buyer. |
| 4. |
To make delivery of the goods
in installments, when so agreed ( sec 39 (1)
|
4. |
To deliver the goods in
accordance with the terms of the contract ( sec 31)
|
| 5. |
To exercise lien and retain
possession of the goods, until payment of the price ( sec 47 (1)
|
5. |
To ensure that the goods
supplied conform to the implied / express conditions and warranties. |
| 6. |
To stop the goods in transit
and resume possession of the goods, until payment of the price ( sec 49 (2)
and 50 |
6. |
To put the goods in a
deliverable state and to deliver the goods as and when applied for by the
buyer ( sec 35) |
| 7 |
To resell the goods under
certain circumstances ( sec 54)
|
7 |
To deliver the goods within the
time specified in the contract or within a reasonable time and a reasonable
hour. [ sec 36 (2) and (4)] |
| 8 |
To withhold delivery of the
goods when the property in the goods has not passed to the buyer (sec 46 (2)
|
8 |
To bear all expenses of and
incidental to making a delivery ( i.e. upto the stage of putting the goods
into a deliverable sate 0 (sec 36 (5)
|
| 9 |
To sue the buyer for price when
the property in the goods has passed to the buyer or when the price is
payment on a certain day, in terms of the contract, and the buyer fails to
make the payment (sec 55) |
9 |
To deliver the goods in the
agreed quantity. (Sec. 37 (1). |
| |
|
10 |
To deliver the goods in
installments only when so desired by the buyer. (Sec 38 (1) |
| |
|
11 |
To arrange for insurance of the
goods while they are in transmission or custody of the carrier. (Sec. 39 (2). |
| |
|
12 |
To inform the buyer in time,
when the goods are sent by a sea route, so that he may get the goods
insured [Sec. 39 (3) ] |
