35 The Sale of Goods Act
Buyer to apply for delivery
Apart from any express contract, the seller of goods is not bound to delivery them until the buyer applies for delivery.
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All sections
- 1Short title, extent and commencement
- 2Definitions
- 3Application of provisions of Act 9 of 1872
- 4Sale and agreement to sell
- 5Contract of sale how made
- 6Existing or future goods
- 7Goods perishing before making of contract
- 8Goods perishing before sale but after agreement to sell
- 9Ascertainment of price
- 10Agreement to sell at valuation
- 11Stipulations as to time
- 12Condition and warranty
- 13When condition to be treated as warranty
- 14Implied undertaking as to title, etc
- 15Sale by description
- 16Implied conditions as to quality or fitness
- 17Sale by sample
- 18Goods must be ascertained
- 19Property passes when intended to pass
- 20Specific goods in a deliverable state
- 21Specific goods to be put into a deliverable state
- 22Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price
- 23Sale of unascertained goods and appropriation
- 24Goods sent on approval or “on sale or return”
- 25Reservation of right of disposal
- 26Risk prima facie passes with property
- 27Sale by person not the owner
- 28Sale by one of joint owners
- 29Sale by person in possession under voidable contract
- 30Seller or buyer in possession after sale
- 31Duties of seller and buyer
- 32Payment and delivery are concurrent conditions
- 33Delivery
- 34Effect of part delivery
- 36Rules as to delivery
- 37Delivery of wrong quantity
- 38Instalment deliveries
- 39Delivery to carrier or wharfinger
- 40Risk where goods are delivered at distant place
- 41Buyer’s right of examining the goods
- 42Acceptance
- 43Buyer not bound to return rejected goods
- 44Liability of buyer for neglecting or refusing delivery of goods
- 45“Unpaid seller” defined
- 46Unpaid seller’s rights
- 47Seller’s lien
- 48Part delivery
- 49Termination of lien
- 50Right of stoppage in transit
- 51Duration of transit
- 52How stoppage in transit is effected
- 53Effect of sub-sale or pledge by buyer
- 54Sale not generally rescinded by lien or stoppage in transit
- 55Suit for price
- 56Damages for non-acceptance
- 57Damages for non-delivery
- 58Specific performance
- 59Remedy for breach of warranty
- 60Repudiation of contract before due date
- 61Interest by way of damages and special damages
- 62Exclusion of implied terms and conditions
- 63Reasonable time a question of fact
- 64Auction sale
- 64AIn contracts of sale, amount of increased or decreased taxes to be added or deducted
- 65[Repealed.]
- 66Savings