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Rules regarding acceptance of delivery by the buyer

The duty of a buyer in the performance of the contract of sale is to accept the goods and pay the price. The term ‘acceptance of goods’ may be defined as the final assent of the buyer that he has accepted the goods delivered. When the goods are accepted and paid, the contract of sale is duly performed, i.e., the contract is completed. It is interesting to know that when the buyer receives the goods and takes possession of them, it does not mean that he has accepted the goods. Acceptance is something more than this. The reason for the same is that after receiving the goods, the buyer should have sufficient opportunity for examining the goods. The circumstances in which the buyer is considered to accept the goods are:
  • The buyer is deemed to have accepted the goods when he intimates to the seller, that he has accepted the goods
  • The buyer does any act in relation to the goods which is inconsistent with the ownership of the seller over such goods, e.g., where he re-sells the goods or uses the goods as their bona fide owner or alters the goods or pledges the goods
  • When the buyer retains the goods delivered to him by the seller beyond a reasonable time then the goods are deemed to have been accepted by the buyer

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