Sale of Goods Act Section 41 — Buyer’s right of examining the goods

CHAPTER IV PERFORMANCE OF THE CONTRACT

Commercial / Corporate

Summary

Sub-section (1) says that if goods are delivered to a buyer who has not examined them before, the buyer is not considered to have accepted the goods until they have had a reasonable chance to check them. The purpose of this examination is to see whether the goods match what was agreed in the contract.

Sub-section (2) says that unless the buyer and seller have agreed otherwise, when the seller offers to deliver the goods, the seller must, if the buyer asks, give the buyer a reasonable opportunity to examine the goods. This examination is also for the purpose of checking whether the goods conform to the contract.

Official Text

(1) 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.

(2) 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.