Australian Capital Territory Current Acts

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SALE OF GOODS ACT 1954 - SECT 33

Rules as to delivery

    (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.

    (2)     Apart from the contract, the place of delivery is the seller's place of business, if the seller has one, or, if not, the seller's residence, but if the contract is for the sale of specific goods that, to the knowledge of the parties when the contract is made, are in some other place, then that place is the place of delivery.

    (3)     If, 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.

    (4)     If the goods at the time of sale are in the possession of a third person, there is no delivery by the seller to the buyer unless and until the third person acknowledges to the buyer that the third person holds the goods on behalf of the buyer.

    (5)     Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour.

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

    (7)     This section does not affect the operation of the issue or transfer of a document of title to goods.



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