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Buyer's Obligations 42 The primary obligation of a buyer under the contract of sale is to pay the price for the goods delivered. 43 According to Article 6 CISG, a buyer is under the obligation to pay the purchase price at the deadline agreed and to take delivery of the goods.
An installment purchase agreement is a contract used to finance the acquisition of assets. Under the terms of such an agreement, the buyer pays the seller the full purchase price by making a series of partial payments over time. The payments include stated or imputed interest.
Rejection and a Buyer's Duties after Rejection Under UCC, Section 2-601(a), rejection is allowed if the seller fails to make a perfect tender. The rejection must be made within a reasonable time after delivery or tender. Once it is made, the buyer may not act as the owner of the goods.
(1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments.
Types of delivery of Goods:Actual Delivery: Where the seller or his authorized agent physically handover the contracted goods to buyer or his authorized agent by giving in possession.Symbolic Delivery: When the goods are bulkier (or ponderous), where actual handover is not possible, a symbolic handover is done.More items...
(1) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contractcontains a clause "each delivery is a separate contract" or its equivalent.
Rights of the Seller (Section 31)He can make the goods delivered in instalments when so agreed by the buyer. He can have the possession of the goods until the buyer hasn't paid for the goods. He can stop the delivery of goods and resume possession of the goods unless and until the payment is done for the goods.
Buyer Becomes Equitable Owner; Seller Remains in Title This provides the seller securityif the buyer fails to make payments in accordance with the terms of the installment agreement, the seller may be able to recover possession of the property quicker and at less expense than if foreclosing on a mortgage.
In a shipment contract, the seller has four duties: (1) to deliver the goods to a carrier; (2) to deliver the goods with a reasonable contract for their transportation; (3) to deliver them with proper documentation for the buyer; and (4) to promptly notify the buyer of the shipment (UCC, Section 2-504).