Commentary

111.13 Delivery in instalments

COMMERCIAL CONTRACTS vol 7(2)

111.13 Delivery in instalments

111.13 Delivery in instalments

A buyer does not need to accept goods delivered in instalments, unless the parties agree otherwise1. Nor, unless the parties agree, can the buyer demand or force delivery by instalments2. However, explicit wording is not necessary for there to be an agreement that delivery is to take place by instalments3.

Where there is a contract for the sale of goods to be delivered by stated instalments, each instalment to be paid for separately, if:

  1. 111.13.1

        the seller makes defective deliveries of one or more of the instalments; or

  2. 111.13.2

        the buyer neglects or refuses to take delivery

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