Australian Capital Territory Current Acts

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SALE OF GOODS ACT 1954 - SECT 35

Instalment deliveries

    (1)     Unless otherwise agreed, the buyer of goods is not bound to accept delivery of them by instalments.

    (2)     If there is a contract for the sale of goods to be delivered by stated instalments that are to be separately paid for and the seller makes defective deliveries in respect of 1 or more instalments, or the buyer neglects or refuses to take delivery of or pay for 1 or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case whether the breach of contract is a repudiation of the whole contract or is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated.



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