Section 44 of The Sale of Goods Act, 1930
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 nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract.
Summary
- A buyer is liable to the seller if they neglect or refuse to take delivery of goods within a reasonable time.
- The seller must be ready and willing to deliver the goods and must ask the buyer to take them.
- The buyer may have to pay for any loss caused by their delay and a reasonable fee for storing and caring for the goods.
- This rule does not take away any other rights the seller has if the buyer's refusal is so serious it ends the contract.
Practical examples
FAQ
1. Can a seller charge me for storage if I don't pick up my goods under Section 44 of the Act?
Yes, Section 44 of the Sale of Goods Act, 1930, says the buyer is liable for a reasonable charge for the care and custody of the goods.
2. What happens if my delay in taking delivery causes the goods to spoil under Section 44?
Under Section 44 of the Sale of Goods Act, 1930, you are liable for any loss occasioned by your neglect to take delivery.
3. Do I have to pay if the seller wasn't actually ready to deliver under Section 44 of the Sale of Goods Act?
No, Section 44 of the Sale of Goods Act, 1930, only applies when the seller is ready and willing to deliver.
Test yourself
Q1.Under Section 44 of the Sale of Goods Act, 1930, what must a seller do before a buyer becomes liable for a delay?
Q2.What can a seller recover from a buyer under Section 44 of the Sale of Goods Act, 1930, for a delivery delay?
Q3.Under Section 44 of the Sale of Goods Act, 1930, how much time does a buyer have to take delivery after a request?
Q4.If a buyer's refusal to take delivery is a total rejection of the contract, does Section 44 of the Sale of Goods Act, 1930, stop the seller from using other rights?