Sale of Goods Act 1893

Rules as to delivery.

29

29. (1) Whether 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, express or implied, the place of delivery is the seller’s place of business, if he have one, and if not, his residence: Provided that, if the contract be for the sale of specific goods, which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery.

(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 a reasonable time.

F9 [ (2A) Where the buyer deals as consumer

( a ) subsection (2) does not apply, and

( b ) subsections (2B) to (2F) apply.

(2B) Unless the parties have agreed otherwise, the seller shall deliver the goods by transferring the physical possession or control of the goods to the buyer without undue delay and not later than 30 days from the conclusion of the contract.

(2C) If the seller does not deliver the goods at the time agreed with the buyer, the buyer may require the seller to make the delivery within an additional period of time appropriate to the circumstances.

(2D) Subsection (2C) does not apply if

( a ) the seller has refused to deliver the goods,

( b ) delivery of the goods within the time agreed with the buyer is essential, taking into account all the relevant circumstances at the time of the conclusion of the contract, or

( c ) the buyer has informed the seller prior to the conclusion of the contract that delivery on or by a specified date is essential.

(2E) Where the seller

( a ) fails to deliver the goods within any additional period of time for delivery applicable under subsection (2C), or

( b ) fails to deliver the goods

(i) within the time agreed with the buyer under subsection (2D)( b ), or

(ii) on or by the date the date specified by the buyer under subsection (2D)( c ),

the buyer may treat the failure as a breach of a condition of the contract which entitles the buyer to repudiate the contract.

(2F) If the buyer repudiates the contract in accordance with subsection (2E), the seller shall, without undue delay, reimburse all sums paid under the contract. ]

(3) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf; provided that nothing in this section 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 a reasonable hour. What is a reasonable hour is a question of fact.

(5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller.