828

Unpaid
seller

detined.

Ch. 31. No. 9.] Sale of Goods.

accepted them unless and until he has had a reasonable
opportunity of examining them for the purpose of ascer-
tainting 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.

36. The buver is deemed to have accepted the goods when
he intimate to the seller that he has accepted them, or
when the goods have been delivered to him and he does any
act ins relation to them which is inconsistent with the
ownership of the seller, or when after the lapse of a reason-
able time he retains the goods without intimating to the
seller that he has rejected them.

37. Unless otherwise agreed, where goods are delivered to
the buver and he refuses to accept them, having the right so
to do, he is not bound to return them to the seller, but it is
sufficient ihe intimates to the seller that he refuses to accept
{hem.

38. When the seller is ready and willing to deliver the
goods, and requests the buyer to take delivery, and the
buy er 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 hegleet or refusal to take delivery,
and also fora reasonable charge for the care and custody
of the goods: Provided that nothing in this section shall
fect the rights of the seller where the neglect or refusal
of the buyer to take delivery amounts toa repudiation of the
contract,

PART IV

Ricgurs oF UNPALD SELLER AGAINST THE Goons.

39. (1) The seller of goods is deemed to be an unpaid
seller" within the meaning of this Ordinance
(a) when the whole of the price has not been paid or
tendered ,