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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) ]



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