Western Australian Current Acts Western Australian Current Acts (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.
(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.