SALE OF GOODS ACT 1895 - SECT 32

SALE OF GOODS ACT 1895 - SECT 32

32—Delivery to carrier

        (1)         Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, is prima facie deemed to be a delivery of the goods to the buyer.

        (2)         Unless otherwise authorised by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself or may hold the seller responsible in damages.

        (3)         Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit, and, if the seller fails to do so, the goods shall be deemed to be at his risk during such sea transit.

        (4)         Unless otherwise agreed, where the buyer is not a wholesale or retail trader and the goods exceed twenty dollars in value and are sent by the seller to the buyer by a route beginning and ending in the State and involving sea transit—

            (a)         the seller may at his discretion, on behalf of the buyer, insure the goods against loss during their sea transit and in so doing shall be deemed to be the agent of the buyer and shall be entitled to receive from him the cost of the insurance; and

            (b)         if the seller does not insure the goods, the seller shall give such notice to the buyer as may enable the buyer to insure the goods during their sea transit, and such notice shall state that the seller has not insured the goods.

        (5)         If the seller does not insure the goods and fails to give notice as required by this section, the goods shall be deemed to be at his risk during such sea transit.