What Is Delivery In Business law?
Delivery refers to voluntary transfer of possession of goods from one person to another person. Delivery is a bilateral act. It requires two parties to the act.
The Essentials Elements of Delivery are:
- A person has possession.
- He must transfer that possession to another person.
- He does so voluntarily.
Rules Regarding Delivery Of Goods Under Sale Of Goods Act, 1930
For the sake of clarification some of the Most Important Rules Regarding Delivery Of Goods Under Sale Of Goods Act, 1930 are discussed below:
Delivery & payment are concurrent conditions [section- 32]
According to sec-32, the seller should be ready and willing to give possession of goods to the buyer and the buyer should be ready and willing to pay the price.
Mode of delivery [section- 33]
According to sec-33 the delivery of goods must be made according to the mode or procedure with which the parties agree shall be treated as delivery.
Effect of part delivery [[section- 34]
According to sec-34, a part delivery of goods has some effects as the delivery of the whole but a delivery of the part of goods with an intention not to deliver the whole does not operate as delivery.
Buyer to apply for delivery [section- 33]
According to sec-35 the seller is under no obligation to deliver the goods unless the buyer applies for the delivery.
Place of delivery [section- 36]
According to sec-36 the delivery of goods must be undertaken at the place decided by the parties. If then it will be delivered to the place of which they are at the time of agreement.
Time of delivery [section- 36 (2)]
According to sec-36 (2) the delivery must be made the time fixed by the parties. If the time of delivery is not mentioned then the goods will be delivered within a reasonable time.
Manner of Delivery [section- 36 (3)]
According to sec-36 (3) the goods must be delivered to the buyer at the acknowledgement of a third party if he ensures that he holds the goods on his behalf.
Expenses of delivery [section- 36 (4)]
According to sec-36 (4) the expenses of delivery should be borne by the parties if they are agreed to do so if there is no agreement then the expenses of delivery will be borne by the seller.
Delivery of wrong quality [section- 37]
According to sec-37 the seller is to deliver the goods to the buyer according to the order placed in respect of quality and quantity. If the seller delivers some defective goods then the buyer has the right to reject the goods.
Instalment Delivery [section- 38]
According to sec-38 in the absence of an agreement the buyer is not bound to accept delivery by instalment. It has the right to return the goods if it is not delivered completely.
Delivery to carrier of wharfinger [section- 39]
According to sec-39 of the sale of goods act, 1930 the delivery of goods to the carrier of wharfinger for the purchase of transmission to the buyer is treated as delivery of goods.
Goods delivered at a distance place [section- 40]
According to sec-40 of the sale of goods act, 1930 the seller must deliver the goods at his own risk at a place other than the agreed place. The buyer is to bear the inherent nature of goods.
Examining the goods on delivery [section- 41]
According to sec-41 the buyer has the right to examine the quality and quantity of the goods delivered to him by the seller.
When acceptance is complete on delivery [section- 42]
According to the section 42 of sale of goods act, 1930 the buyer is deemed to have accepted the goods if he retains the goods beyond a reasonable time or he intimates that he has accepted the goods.
Buyer not bound to return rejected goods [section-43]
According to section 43 of Sale of Goods Act 1930, the buyer is not bound to return the goods to the seller when the buyer refuses to accept the goods. It is sufficient if he intimates to the seller that he refuses to accept the goods.
Liability of buyer for rejecting or refusing delivery of goods [section-44]
According to section- 44 of the Sale of Goods Act 1930, the buyer becomes liable to the Seller when the seller is ready to deliver but the buyer is refusing delivery of goods after the expiry of a reasonable time.