Acceptance of Delivery

You have learnt that it is the duty of the buyer to accept the delivery of the goods. Now the question arises as to when the buyer can be said to have accepted the delivery of the goods. It should be noted that when buyer receives the goods, it does not mean that he has accepted them. Acceptance is something more than this. Following are the rules in this regard:

i) When 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 [Section 41(1)].

 


ii) The buyer is deemed to have accepted the goods:

a) When he intimates to the seller that he has accepted the goods, or

b) When the goods are delivered to the buyer and he does any act in relation to them which shows that he has accepted them, for example, he resells them or pledges them, or

c) When the buyer retains the goods beyond a reasonable time without intimating the seller that he has rejected them.

 

iii) Unless otherwise agreed, when goods are delivered to the buyer and he refuses to accept them, he is not bound to return them to the seller. But the buyer must inform the seller that he refuses to accept the goods.

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