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Duty paid means that the Excise or Customs Duties have been paid by
the seller, and are included in the price.
(3) Delivery.—The principal terms relating to delivery are:
Ready, meaning that the goods are ready to be delivered.
Prompt Delivery, meaning that the goods are to be delivered in a few
Near Delivery, meaning that the goods are to be delivered within a
Forward Delivery, meaning that the goods are to be delivered at some
future time. For example, goods sold in January for delivery in
April To Arrive, meaning that the goods are to be delivered on arrival of the
vessel by which they are being conveyed from the foreign port. This term is used chiefly in the import trade. The name of the vessel is usually declared when the contract is made or shortly afterwards.
Other terms used (in the import trade chiefly) are the following :--
delivery, as distinguished from goods “to arrive." Ex Quay means that the buyer has to take delivery of the goods when
landed on the quay. A Prompt Sale means that the goods sold are to be paid for and taken
delivery of on a specified date, known as the prompt day. Shipment, coupled with the name of a month or a date—thus “ March
shipment”-means that the goods are to be shipped on board the vessel during the month named ; “15 May shipment” means shipment on board not later than 15th May; “March-April ship
ment” means shipment any time from 1st March to 30th April. Prompt Shipment and Immediate Shipment usually mean that the goods
must be shipped within 14 days after the date of the contract. Sailing is used in the same manner as “shipment,” but means that the
vessel carrying the goods must actually sail from the foreign port within the time named.
Free Overside is a term sometimes used to denote that the buyer has to
send lighters alongside to take delivery of the goods, the seller's responsibility ceasing as soon as the goods leave the vessel's slings.
(1) Payment.--The following are the terms most frequently employed :
Cash on Delivery (or C.O.D.) means that payment must be made at the
time the goods are handed over.
Prompt Cash means payment within a day or two without discount.
means payment in from five to ten days, without discount.
2} % for Cash means that 24 % will be deducted from the invoice
amount if payment be made within from five to ten days. 21 % one month means payment within a month, less a discount of 21%3 months net means payment in three months, without discount. Payment by 14 days' draft means payment by a draft at 14 days' date. Cash against documents means that the invoice amount is to be paid on
presentation of the Bills of Lading or other documents proving
shipment or delivery. Documents against acceptance means that the shipping documents are
to be handed to the buyer on his “accepting” a draft for the invoice amount.
Documents against payment means that the shipping documents are onl
to be surrendered to the buyer on payment of the draft drawn against them, or that a cash payment is then to be made.
The law relating to the sale of goods is contained in the “Sale of Goods Act, 1893,” which generally speaking applies to all purchases made in this country, whether in connection with the Home, Import, or Export Trade. This Act, which is couched in
, simple and clear language, should be studied by every British trader. Some of its principal provisions are summarised in the following paragraphs.
A sale of goods where the value is below £10 may be made either verbally or in writing ; but for goods of the value of £10 or upwards the contract is not enforceable by action unless (1) the buyer has received or accepted part of the goods sold ; or (2) has given something in earnest to bind the contract, or in part payment; or (3) unless some note or memorandum in writing has been made and signed by the party to be charged or his agent.
Contracts or agreements relating to the sale of goods, wares, or merchandise are exempt from stamp duty.
The term month in a contract of sale means primâ facie calendar month.
description, there is an implied condition that the goods shall
correspond with the description. Implied undertakings as to quality, fitness, or condition. Where the
buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied undertaking that the goods shall be reasonably fit for such purpose, provided that in the case of a contract for the sake of a specified article under its patent or other trade name, there is no implied undertaking as to its fitness for any particular purpose.
Where goods are bought by description from a seller who deals in goods
of that description (whether he be the manufacturer or not), there is an implied undertaking that the goods shall be of merchantable quality; provided that, if the buyer has examined the goods, there shall be no implied condition as regards defects which such examination ought to have revealed.
Sale by Sample. In the case of a contract for sale by sample there is
an implied undertaking (1) that the bulk shall correspond with the sample in quality ; (2) that the buyer shall have a reasonable opportunity of comparing the bulk with the sample; and (3) that the
shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.
Goods sold “ on approval" or on sale and return.” When goods are
sold on these terms the property therein passes to the buyer : (1) When he signifies his approval or acceptance to the seller or does any other act adopting the transaction; or (2) if he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.
Delivery of the goods. It is the duty of the seller to deliver the goods,
and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.
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, expressed or implied, between the parties. 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.
Delivery of wrong quantity. Where the seller delivers to the buyer a
quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he
must pay for them at the contract rate. Where the seller delivers to the buyer a quantity of goods larger than
he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered, he
must pay for them at the contract rate. Where the seller delivers to the buyer the goods he contracted to sell,
mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the
whole. The three provisions above named are subject to any usage of trade,
special agreement, or course of dealing between the parties. Instalment Deliveries.-Unless otherwise agreed the buyer of the goods
is not bound to accept delivery thereof by instalments. Where there is a contract for the sale of goods to be delivered by stated
instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer refuses or neglects to take delivery of or pay for one 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 whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract
as repudiated. Delivery involving sea transit.—Unless otherwise agreed, where goods
are sent by the seller to the buyer by a route involving sea transit, under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit, and, if the seller fails to do so, the goods shall be deemed to be at his risk during such sea transit.
Risk where goods are delivered at distant place. Where the seller of
goods agrees to deliver them at a place other than that where they are when sold, the buyer must, unless otherwise agreed, take any risk of deterioration in the goods necessarily incident
to the course of transit. Buyer's right of examining the goods.—Where goods are delivered to
the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose
of ascertaining whether they are in conformity with the contract. Acceptance. The buyer is deemed to have accepted the goods when he
intimates to the seller that he has accepted them, or when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods
without intimating to the seller that he has rejected them. Buyer not bound to return rejected goods. — Unless otherwise agreed,
where goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he gives notice to the seller that
he refuses to accept them. Liability of buyer for neglecting or refusing delivery. When the seller is
ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods, provided that this shall not affect the rights of the seller where the neglect or refusal of the buyer to take delivery
amounts to a repudiation of the contract. Lien; part delivery.—Where an unpaid seller has made part delivery of
the goods, he may exercise his right of lien or retention on the remainder, unless such part delivery has been made under such circumstances as to show an agreement to waive the lien or right
of detention. Stoppage in transitu.-Subject to the provisions of the Act, when the
buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods as long as they are in course of transit, and may retain them until payment or tender of the price.