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What happens if the refusing to take delivery of goods? what if accepts?


Liability of buyer for neglecting or refusing to take delivery of goods. (Sec.44). when the seller is ready and willing to deliver the goods and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he becomes liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods.

Acceptance of Delivery by Buyer

The mere fact that the buyer has taken the delivery of the goods does not amount to acceptance of them. According to section 42, the buyer is deemed to have accepted the goods in either of the following circumstances, namely:

1. when he intimates to the seller that he has accepted the goods. (Sec.41,) to examine and test the goods in order to be sure as to whether they are in conformity with the contract regarding quality etc. in the case of a horse sale conditioned to run at 25 kilometers per hour it is necessary to use the horse for ascertaining, whether the horse is in conformity with the contract. But if he is not satisfied, he must act promptly to inform the seller about rejection.

2. when he does any act in relation to the goods which is inconsistent with the ownership of the seller, e.g., consumers, uses, pledges or resells the goods or puts his mark on them.

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