Commentary

179.3 Delivery in instalments—defective delivery

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

179.3 Delivery in instalments—defective delivery

| Commentary

179.3 Delivery in instalments—defective delivery

Under a contract to supply goods, unless the trader and consumer agree otherwise, a consumer is not required to accept delivery of goods by instalments1.

If the contract allows for delivery of goods in instalments and payment is to be made separately for each instalment2, and if the trader makes a defective delivery3 concerning one or more instalments, then whether a consumer may be (but is not necessarily) entitled:

  1. 179.3.1

        to exercise the short term right to reject; or

  2. 179.3.2

        the right to reject where the supplier does not

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