Short title, extent and commencement
(1) This Act may be called the 1[***] Sale of Goods Act, 1930. 2[(2) It extends to the whole of India 3[except the State of Jammu and Kashmir].] (3) It shall ...
In this Act, unless there is anything repugnant in the subject of context,- (1) "buyer" means a person who buys or agrees to buy goods; (2) "delivery" means v...
Application of provisions of Act 9 of 1872
The unrepeated provisions of the Indian Contract Act, 1872, save insofar as they are inconsistent with the express provisions of this Act, shall continue to a...
|Chapter II||Formation Of The Contract Of Sale|
Sale and agreement to sell
(1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be ...
|Formalities Of The Contract|
Contract of sale how made
(1) A contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. The contract may provide for the immediate deliv...
|Subject Matter Of Contract|
Existing or future goods
(1) The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or future goods. (2) There may be a ...
Goods perishing before making of contract
Where there is a contract for the sale of specific goods, the contract is void if the goods without the knowledge of the seller have, at the time when the con...
Goods perishing before sale but after agreement to sell
Where there is an agreement to sell specific goods, and subsequently the goods without any fault on the part of the seller or buyer perish or become so damage...
Ascertainment of price
(1) The price in a contract of sale may be fixed by the contract or may be left to be fixed in manner thereby agreed or may be determined by the course of dea...
Agreement to sell at valuation
(1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party and such third party cannot or does...
|Conditions And Warranties|
Stipulations as to time
Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of s...
Condition and warranty
(1) A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty. (2) A condition is a stipulatio...
When condition to be treated as warranty
(1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the ...
Implied undertaking as to title, etc.
In a contract of sale, unless the circumstances of the contract are such as to show a different intention there is- (a) an implied condition on the part of the...
Sale by description
Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and, if th...
Implied conditions as to quality or fitness
Subject to the provisions of this Act and of any other law for the time being in force, there is no implied warranty or condition as to the quality or fitness...
Sale by sample
(1) A District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate or any police officer not below the rank of a Deputy Superintendent...
|Chapter III||Effects Of The Contract Transfer Of Property As Between Seller And Buyer|
Goods must be ascertained
Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained...
Property passes when intended to pass
(1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to th...
Specific goods in a deliverable state
Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contrac...
Specific goods to be put into a deliverable state
Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverab...
Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price
Where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test or do some other act or thing...
Sale of unascertained goods and appropriation
(1) Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are uncond...
Goods sent on approval or "on sale or return
When goods are delivered to the buyer on approval or "on sale or return" or other similar terms, the property therein passes to the buyer- (a) when he signifi...
Reservation of right of disposal
(1) Where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the...
Risk prima facie passes with property
Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transf...
Sale by person not the owner
Subject to the provisions of this Act and of any other law for the time being in force, where goods are sold by a person who is not the owner thereof and who ...
Sale by one of joint owners
If one of several joint owners of goods has the sole possession of them by permission of the co-owners, the property in the goods in transferred to any person...
Sale by person in possession under voidable contract
When the seller of goods has obtained possession thereof under a contract voidable under section 19 or section 19A of the Indian Contract Act, 1872, but the c...
Seller or buyer in possession after sale
(1) Where a person, having sold goods continues or is in possession of the goods or of the documents of title to the goods, the delivery or transfer by that p...
|Chapter IV||Performance Of The Contract|
Duties of seller and buyer
It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale. ...
Payment and delivery are concurrent conditions
Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and willing to gi...
Delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the ...
Effect of part delivery
A delivery of part of goods, in progress of the delivery of the whole has the same effect, for the purpose of passing the property in such goods, as a deliver...
Buyer to apply for delivery
Apart from any express contract, the seller of goods is not bound to deliver them until the buyer applies for delivery. ...
Rules as to delivery
(1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contra...
Delivery of wrong quantity
(1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods ...
(1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments. (2) Where there is a contract for the sale of goods to...
Delivery to carrier or wharfinger
(1) Where, in pursuance of a contract of sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whethe...
Risk where goods are delivered at distant place
Where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer shall, nevertheless, unless ot...
Buyer's right of examining the goods
(1) Where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonab...
The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him and he ...
Buyer not bound to return rejected goods
Unless otherwise agreed, where goods are delivered to the buyer and he refuses to accept them, having the right so to do, he is not bound to return them to th...
Liability of buyer for neglecting or refusing delivery of goods
When the seller is ready and willing to deliver the goods and requests the buyer to take delivery, and the buyer does not within a reasonable time after such ...
|Chapter V||Rights Of Unpaid Seller Against The Goods|
Unpaid seller defined
(1) The seller of goods is deemed to be an "unpaid seller" within the meaning of this Act.- (a) When the whole of the price has not been paid or tendered; (b)...
Unpaid seller's rights
(1) Subject to the provisions of this Act and of any law for the time being in force, notwithstanding that the property in the goods may have passed to the bu...
|Unpaid Seller's Lien|
(1) Subject to the provisions of this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or t...
Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien on the remainder, unless such part delivery has been made under ...
Termination of lien
(1) The unpaid seller of goods loses his lien thereon- (a) when he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer...
|Stoppage In Transit|
Right of stoppage in transit
Subject to the provisions of this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the ri...
Duration of transit
(1) Goods are deemed to be in course of transit from the time when they are delivered to a carrier or other bailee for the purpose of transmission to the buye...
How stoppage in transit is effected
(1) The unpaid seller may exercise his right of stoppage in transit either by taking actual possession of the goods, or by giving notice of his claim to the c...
Effect of sub-sale or pledge by buyer
(1) Subject to the provisions of this Act, the unpaid seller's right of lien or stoppage in transit is not affected by any sale or other disposition of the go...
Sale not generally rescinded by lien or stoppage in transit
(1) Subject to the provisions of this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage i...
|Chapter VI||Suits For Breach Of The Contract|
Suit for price
(1) Where under a contract of sale the property in the goods has passed to the buyer and the buyer wrongfully neglects or refuses to pay for the goods accordi...
Damages for non-acceptance
Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance. ...
Damages for non-delivery
Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery. ...
Subject to the provisions of Chapter II of the Specific Relief Act, 1877, in any suit for breach of contract to deliver specific or ascertained goods, the cou...
Remedy for breach of warranty
(1) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller ...
Repudiation of contract before due date
Where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait t...
Interest by way of damages and special damages
(1) Nothing in this Act shall affect the right of the seller or the buyer to recover interest or special damages in any case whereby law interest or special d...
Exclusion of implied terms and conditions
Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the co...
Reasonable time a question of fact
Where in this Act any reference is made to a reasonable time, the question what is reasonable time is a question of fact. ...
In the case of sale by auction- (1) where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; (...
In contracts of sale, amount of increased or decreased taxes to be added or deducted
(1) Unless a different intention appears from the terms of the contract, in the event of any tax of the nature described in sub-section (2) being imposed, in...
|65||[Repeal - Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.]|
(1) Nothing in this Act or in any repeal effected thereby shall affect or be deemed to affect- (a) any right, title interest, obligation or liability already ...