Victorian Consolidated Legislation

Goods Act 1958 - SECT 38

Instalment deliveries

38. Instalment deliveries



(1) Unless otherwise agreed, the buyer of goods is not bound to accept
delivery thereof by instalments.

(2) Where there is a contract for the sale of goods to be delivered by stated
instalments which are to be separately paid for, and the seller makes
defective deliveries in respect of one or more instalments, or the buyer
neglects or refuses to take delivery of or pay for one or more instalments, it
is a question in each case depending on the terms of the contract and the
circumstances of the case whether the breach of contract is a repudiation of
the whole contract or whether it is a severable breach giving rise to a claim
for compensation but not to a right to treat the whole contract as repudiated.