regarding sale of goods
pavani.pothugunta
(Querist) 22 July 2011
This query is : Resolved
if goods are damaged in transit who should bear the loss either buyer or seller? and if goods does not match the goods in description can the buyer accept the goods but rejects to pay the amount?
R.Ramachandran
(Expert) 22 July 2011
If the delivery of the goods has been taken by the buyer, and the transportation has been arranged by the seller only on the request and on behalf of the buyer, then any damage to the goods during transit would to the risk of the buyer.
If the goods do not match the description, the buyer has every right to reject the goods on that ground. But he cannot retain the goods and yet refuse to pay the amount.
ajay sethi
(Expert) 23 July 2011
it depends on terms and conditions of the purchase order . generally contract contains a clause that in the event of short supply and in case goods are found to be defective buyer can refuse to accept the goods . buyer shall be liable if supply is as per specifications mentioned in purchase order
prabhakar singh
(Expert) 23 July 2011
I SQUARELY AGREE WITH Expert R.Ramachandran
Dr. Imran Ahmad, MOZA
(Expert) 24 July 2011
Please see what is the agreement type of delivery. Damage and not matching as per purchase are two different issues. This is forgery even if items are fragile.
You are not clear in relation to consignment details. See what is the agreement between both parties including packing. Some one is to loose money. This is common among traders and manufacturers I am sorry to say.
Regards.
AA RAMAKRISHNAN
(Expert) 28 July 2011
Pl. see the terms and conditions of supply of goods, generally printed on the invoice/bill and in the absence the agreement verbal or written while placing the order. See also the terms and conditions of the transporter. In the absence of any oral or written agreement the general conditions will prevail and they are:
1. the supplier should supply the goods according to the specifications generally accepted and if the goods are found to be not confirming to the standard of supply on receipt, the buyer can reject and ask for the expenses.
2. The damage clause can be in favour of either parties . If it is on ex-factory basis the seller may not take any responsibility. His responsibility seizes once the goods leave the premises. The transporters responsibility comes in mis handling and negligence in transporting. In that respect you have to deal with the transporter. Your responsibity comes if you have accepted the goods on ex-factory basis and agreed or decided to transport the same at your own risk and responsibility.
There are many other factors governing to fix the liability of the above three parties. It depends upon the nature of the goods, nature of supply, nature of acceptance and nature of the agreement verbal or written arrived at by the above parties.
