Sale of Goods Act Section 44 — Liability of buyer for neglecting or refusing delivery of goods

CHAPTER IV PERFORMANCE OF THE CONTRACT

Commercial / Corporate

Summary

When the seller is ready and willing to hand over the goods and asks the buyer to take delivery, but the buyer does not do so within a reasonable time after that request, the buyer must pay the seller for any loss caused by this neglect or refusal. The buyer is also responsible for paying a reasonable charge for looking after and keeping the goods during that time.

However, this section does not change the seller's rights if the buyer's neglect or refusal to take delivery is serious enough to count as a repudiation of the contract.

Official Text

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.