Rules as to delivery of Goods

1. Under section 36 of the Sale of Goods Act 1930 where 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, good 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 reasonable time.

3. Where the goods at the time of sale are in the possession of the third person there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the good on his behalf. Nothing 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 the reasonable hour. What is a reasonable hour is a question of fact.

5. Unless otherwise agreed the expenses of and incidental to putting the good into a deliverable state shall be borne by the seller.

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