Delivery means the transfer of ownership from one person to another person. It is voluntary dispossession of goods in favor of another. However, The parties determined the mode of possession. Whatever Delivery has three forms. Such as –
- Actual delivery
Actual delivery occurs when goods are delivered. In broadly, when goods are physically handed over to the seller or his agent is actual delivery.
- Symbolic delivery
It occurs when the buyer obtaining the possession of products. An example can clear about it. Suppose, a seller gives the key of his godown to a buyer for specific goods that were locked in the godown. Then the seller transfers his ownership to the buyer. However, the buyer gets actual control of the place. It is a symbolic delivery.
- Constructive delivery
It occurs when a change in the possession of the goods without any change in the actual and visible custody. The delivery of the bill of lading is a constructive delivery which obtained the buyers.
Rules regarding delivery:
The sale of goods act has some rules regarding delivery.
- Possession of buyer
Through selling goods, the buyer obtains the possession of goods. Both parties are agreed to the ready transfer of ownership in terms of exchange relationship.
- Effect of part delivery
It is the delivery of part of the goods. When sellers are ready to sell the full quantity of goods but the buyers are ready to accept the whole portion of goods. The buyers only accept some portion of goods. However, This is effective delivery.
- Application for delivery
Sellers always seek for a formal application from buyers. So that buyers can ensure their purchasing and sellers can take necessary preparation for the delivery of goods.
- Place of delivery
If the place of delivery is apart from the seller destination then the seller takes necessary information regarding the place of delivery. Before sending goods, sellers and buyers enter into a contract. This may to express or implied.
- Time of delivery
If there is no fixed time for delivery, the seller is bound to send them within a reasonable time.
- Possession of a third person
If the goods are held by the third person at the time of sale, there is no delivery by seller to the buyer. Because the third person may refuse to acknowledge his holding of goods on behalf of buyers. Moreover, It is called “delivery by attornment”.
- Expenses of delivery
If there is no previous agreement, the sellers have to bear the cost of delivery of the goods. However, he is also responsible for any accident to putting the goods into a deliverable state.
- Delivery of wrong quantity
If the seller delivers more the buyer demand, the buyer has the option to refuse it. Sometimes, the buyer may accept it if he likes.
- Installment delivery
Only can previous agreement accept the installment delivery. The seller and buyer are on the state that the buyer may not be able to pay the full payment of goods. In that case, the seller gives him an option for an installment delivery. But here the buyer needs to pay more than the marked price.
- Delivery to the carrier or wharfinger
The delivery of goods to a carrier for transmission to the buyer for safe custody.
- Examining the goods
The buyer has the right to examine the goods after taking delivery. Because he has the right for ascertaining the seller whether they are in conformity with the contract.
After examining the goods, the buyer accepts the goods or rejects it. It may occur for the mismatch with contract, the wrong quantity of goods or elapse of time for delivery. In those situations, the buyer can refuse to accept the goods.
- Buyer is not bound to return rejected goods
The buyers have the right to refuse to take delivery of goods. In that case, he is not bound to return them to the seller.
- Liability of buyer
Sometimes, the buyer is responsible to the seller. If any loss occurs for buyers negligence or refusal to take delivery, the buyer may be responsible for delivery.
So, here we learn about the rules regarding delivery. These are really important to learn for every business person.