Section 36 of The Sale of Goods Act, 1930 in hindi
- (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, goods sold are to be delivered at the place at which they are at the time of the sale, and goods agreed to be sold are to be delivered at the place at which they are at the time of the agreement to sell, or, if not then in existence, at the place at which they are manufactured or produced.
- (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 shall be borne by the seller.
Summary
- The contract determines whether the buyer picks up the goods or the seller sends them.
- If there is no specific agreement, the default place for delivery is where the goods are at the time of the sale.
- When a seller is required to send goods but no time is fixed, they must send them within a reasonable time.
- Goods held by a third person are not considered delivered until that person tells the buyer they are holding the goods for them.
- Demands for delivery are only valid if made at a reasonable hour, which is determined by the facts of the case.
- Unless agreed otherwise, the seller pays the costs to get the goods ready for delivery.
Practical examples
FAQ
1. Where is the place of delivery under the Sale of Goods Act if not mentioned in the contract?
Under Section 36 of the Sale of Goods Act, 1930, delivery should happen at the place where the goods were at the time of the sale or agreement to sell.
2. Who pays for the packaging of goods under the Sale of Goods Act?
Section 36 of the Sale of Goods Act, 1930, states that the seller bears the expenses of putting the goods into a deliverable state unless the parties agree otherwise.
3. Is a delivery request at midnight valid under the Sale of Goods Act?
Section 36 of the Sale of Goods Act, 1930, says a demand for delivery may be treated as ineffectual unless made at a reasonable hour.
Test yourself
Q1.Under Section 36 of the Sale of Goods Act, 1930, where must goods that are not yet manufactured be delivered if the contract is silent?
Q2.What happens if a seller is bound to send goods but no time is fixed under Section 36 of the Sale of Goods Act, 1930?
Q3.According to Section 36 of the Sale of Goods Act, 1930, what is required for delivery when goods are with a third party?
Q4.Under Section 36 of the Sale of Goods Act, 1930, who usually pays the expenses of putting goods in a deliverable state?