13 Contract compliance - Duties of seller - koc

Contract compliance - Duties of seller and buyer,The seller must receive and pay for the goods according to the terms of the sales contract.

13 Contract compliance - Duties of seller - koc


 Payment and delivery are concurrent terms. Unless otherwise agreed, delivery of goods and payment of price are new terms, i.e. seller will be ready and willing to give the buyer possession in exchange of price and buyer will take control of the goods. Will be helpful and willing to pay the fee in exchange.


 Delivery - Delivery of the goods sold can be done by doing something which the parties have an agreement that it will be deemed to be delivered or which would have the effect of getting the goods occupied by the buyer or the person authorized to hold on his behalf.


 Contract compliance - Duties of seller


 Effect of Partial Delivery - The delivery of part of the goods in the course of the delivery of the entire goods has the same effect for the transition of the property in such goods as the whole's delivery. Still, such delivery of the part of the goods, which is done to separate it from the whole, does not come in the form of delivery of the remainder.




13 Contract compliance -Duties of seller and buyer
13 Contract compliance - Duties of seller and buyer


 The buyer should apply for delivery -  Contract compliance - Duties of seller

unless there is an express contract, the seller of the goods is not bound to deliver it unless the buyer applies for delivery.

 Rules relating to delivery- Contract compliance - Duties of seller


 (1) Whether the buyer is to take possession of the goods or to be sent by the seller to the buyer is in every case a contract express or implied between the parties is pending. If there is no such contract, delivery of the goods sold at the place where it is at the time of sale and delivery of the goods contracted for purchase at the home in which it is at the time of the agreement to sell or if the goods do not exist then shall make the place in which it is manufactured or produced.


  (2) When the seller is obliged to send the goods to the buyer under the sale contract, but no deadline has been set for their shipment, the seller is obliged to ship it within a reasonable time.


  (3) Where the goods have a person at the time of sale, the buyer is not provided by the seller if and until such person accepts from the buyer that he holds the goods on his behalf. But nothing in this section shall affect the enforcement of the conferment or transfer of any document of title to the goods.



13 Contract compliance -Duties of seller and buyer
13 Contract compliance - Duties of seller and buyer



  (4) A demand or tender of delivery, unless made at a reasonable time, may be deemed to be ineffective. What is an opportune time is a question of fact.

 (5) Unless otherwise agreed, the expenses of bringing the goods into a deliverable condition and the related costs will be borne by the seller.


   Delivery of wrong quantity -Contract compliance - Duties of seller


  (1) Where the seller delivers the goods of lesser magnitude to the buyer to whom the contract of the sale he had contracted, the purchaser may repatriate it, but if the buyer acquires such delivered goods If it is done, then it will pay for it at the contract rate.


  (2) When the seller delivers the merchandise over the amount to the buyer for which he had contracted the sale., the purchaser may be able to recover the goods which are under the contract and repatriate the balance or Will be able to rebound the whole. If the buyer acquires all such paid goods, he will pay for it at the contract rate.


   (3) Where the seller delivers the goods for which he had contracted the sale by mixing it with a different description of the goods which are not under the contract, the purchaser shall be able to recover the goods which according to the agreement And will be able to rebalance the remainder or repel all.


   (4) The provisions of this section are subject to the practice of a trade or special agreement or practice between the parties.



   Delivery in instalments. - Contract compliance - Duties of seller


  (1) Unless otherwise agreed, the goods' buyer is not bound to recover his delivery in instalments.


   (2) When the contract is for the sale of goods that will be delivered within said terms, the payment of which will be cut and the seller does not make any delivery or makes an incorrect delivery concerning one or more words; The buyer refuses or refuses to pay one or more instalments or refuses to deliver one or more instalments, where the question will depend on the terms of the contract and the circumstances of the case in each case. Breach of contract is the dissolution of the entire agreement or a severe violation of it, which gives rise to a claim for compensation but does not have the right to consider the entire contract.


    (3) Unless the seller is otherwise authorized by the buyer, he shall enter into a contract on behalf of the purchaser from the carrier or from Ghatwal, which is reasonable keeping in view the nature of the goods and other circumstances the case. If the seller omits to do so and the goods are lost or damaged in the sequence of transportation, or at the time when he is in the custody of Chatwal, the delivery made to the buyer, carrier or Ghatwal was made to himself Can refuse to accept delivery or hold the seller liable for damages.


   (4) Unless otherwise agreed, when the goods are shipped by the seller to the buyer on a route that includes shipping, in situations where it is often insured, the seller will give the buyer a notice allowing the buyer to buyer Be - be. During its maritime transport, the merchandise will be treated at your own risk, and if the seller does not do so, the merchandise will be considered under his responsibility during said maritime transport.


  Risk, where the goods are delivered to a distant place


   Contract compliance - Duties of seller


 where the seller of the goods at his own risk agree to provide it at a different location than where it is at the time of sale, there, Notwithstanding, the purchaser shall, unless otherwise agreed, bear the risk of such damage in the goods which must occur in the sequence of transport.


 Buyer right to test goods- Contract compliance - Duties of seller


(1) Where the purchaser is given such goods which he has not already tried, it shall not be deemed that he has received it if and until he to ascertain whether it is by the contract or not, there has not been a reasonable opportunity to test it.




13 Contract compliance -Duties of seller and buyer
13 Contract compliance -Duties of seller and buyer


               
 (2) If not otherwise, when the seller issues the delivery of the goods to the buyer, he is bound to examine the goods to ascertain whether the goods conform to the contract or not. Give the buyer, on occasion, a prayer.

 The purchaser - Contract compliance - Duties of seller


purchaser has acquired the goods when it is deemed to have been delivered to the seller, he has acquired the goods, or when the goods have been given to the purchaser, and he relates the same Has done an act which is inconsistent with the ownership of the seller or when the reasonable time has passed, it retains the goods without authorizing its replenishment to the seller.


The purchaser is not bound to return the consignment - 


 Contract compliance - Duties of seller


unless otherwise agreed where the buyer is given the goods, and he refuses to receive the same, having the right to do so. The seller is not obligated to return, but it will be enough to make the seller promise that he refuses to receive it.


 Buyer's liability for negligence or refusal to deliver the goods: 


when the seller is ready and ready to deliver the goods and begs the buyer to accept the delivery and after such prayer to the buyer within a reasonable time. The delivery does not take the merchandise, then it is also responsible for any loss due to negligence or refusal of the buyer to take delivery to the seller, and even for the reasonable charges of maintenance and custody of the merchandise:


 Provided that where the purchaser's neglect or refusal in taking delivery comes under the purview of the contract, nothing in this section shall affect the rights of the seller.

13 Contract compliance - Duties of seller - koc 13 Contract compliance - Duties of seller - koc Reviewed by Iliyas kothari on October 07, 2020 Rating: 5

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