Lawgist36Rules 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, goods sold are to be delivered at the place at which they are at the time of the sale, and goods agreed to be sold are to be delivered at the place at which they are at the time of the agreement to sell, or, if not then in existence, at the place at which they are manufactured or produced.
(2) 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.
(3) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf:
Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods.
(4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact.
(5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Application of provisions of Act 9 of 1872
- 4 Sale and agreement to sell
- 5 Contract of sale how made
- 6 Existing or future goods
- 7 Goods perishing before making of contract
- 8 Goods perishing before sale but after agreement to sell
- 9 Ascertainment of price
- 10 Agreement to sell at valuation
- 11 Stipulations as to time
- 12 Condition and warranty
- 13 When condition to be treated as warranty
- 14 Implied undertaking as to title, etc
- 15 Sale by description
- 16 Implied conditions as to quality or fitness
- 17 Sale by sample
- 18 Goods must be ascertained
- 19 Property passes when intended to pass
- 20 Specific goods in a deliverable state
- 21 Specific goods to be put into a deliverable state
- 22 Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price
- 23 Sale of unascertained goods and appropriation
- 24 Goods sent on approval or “on sale or return”
- 25 Reservation of right of disposal
- 26 Risk prima facie passes with property
- 27 Sale by person not the owner
- 28 Sale by one of joint owners
- 29 Sale by person in possession under voidable contract
- 30 Seller or buyer in possession after sale
- 31 Duties of seller and buyer
- 32 Payment and delivery are concurrent conditions
- 33 Delivery
- 34 Effect of part delivery
- 35 Buyer to apply for delivery
- 36 Rules as to delivery
- 37 Delivery of wrong quantity
- 38 Instalment deliveries
- 39 Delivery to carrier or wharfinger
- 40 Risk where goods are delivered at distant place
- 41 Buyer’s right of examining the goods
- 42 Acceptance
- 43 Buyer not bound to return rejected goods
- 44 Liability of buyer for neglecting or refusing delivery of goods
- 45 “Unpaid seller” defined
- 46 Unpaid seller’s rights
- 47 Seller’s lien
- 48 Part delivery
- 49 Termination of lien
- 50 Right of stoppage in transit
- 51 Duration of transit
- 52 How stoppage in transit is effected
- 53 Effect of sub-sale or pledge by buyer
- 54 Sale not generally rescinded by lien or stoppage in transit
- 55 Suit for price
- 56 Damages for non-acceptance
- 57 Damages for non-delivery
- 58 Specific performance
- 59 Remedy for breach of warranty
- 60 Repudiation of contract before due date
- 61 Interest by way of damages and special damages
- 62 Exclusion of implied terms and conditions
- 63 Reasonable time a question of fact
- 64 Auction sale
- 64A In contracts of sale, amount of increased or decreased taxes to be added or deducted
- 65 [Repealed.]
- 66 Savings
