Rights And Duties Of Buyer

Whenever a transaction happens, two parties play a crucial role, i.e., buyer and seller. Both have specific roles and responsibilities to play in the exchange of goods and services. The Sales of Goods Act 1930 defines the rights and duties of both buyers and sellers in the sale of goods that need to be followed for a fair and transparent sales process. When it comes to immovable property, the Transfer of Property Act applies with a proper outline of the rights and duties of buyers and sellers. On the other hand, the Sales of Goods Act specifically focuses on the sale of movable goods. However, many people are not aware of their roles and duties, especially buyers. Don't worry! In this article, we will dive deep into the rights and duties of buyers. Let’s dive in!

Who Is A Buyer?

A buyer is a person, business, or organization that purchases goods or services in exchange for money. The buyer is one who shows interest in a product or service, negotiates, and makes the purchase. Buyers can be individuals who buy stuff for personal use or companies for resale purposes. Anyone who seeks something to fulfill their needs can be a buyer. In simple words, a buyer is someone who is actively looking for goods and services in a market.

Rights Of A Buyer

As per the Sale of Goods Act 1930, a buyer has specific rights and duties in a transaction. Let's explore the rights and duties of a buyer for a smooth and fair transaction:

Right to Delivery of Goods as per Contract

The buyer has the complete right to receive the goods exactly as promised in the contract. This means the goods should arrive on time and be ensured to match the product or service as described in the contract.

Right to Reject Non-Conforming Goods

If the goods don't match what was promised to the buyer, like the wrong size item, different color, or quality, then the buyer has the right to refuse the item. This right protects the buyer from having goods that are not satisfactory for the buyer.

Right to Cancel the Contract for Unauthorized Installments

If the seller delivers goods in parts (installments) without the buyer's permission, then the buyer has the right to cancel the contract for unauthorized installment. This ensures that buyers aren't forced to accept unexpected deliveries by the sellers.

Right to Be Informed for Sea Route Deliveries

If a buyer gets the goods delivered via ship, then the seller must inform the buyer about the shipping method. So that buyers get a chance to arrange for insurance to protect the goods if somehow it is damaged during the sea route delivery.

Right to Inspect Goods Before Acceptance

The buyer always has the right to check the goods before officially accepting them. It allows the buyer to ensure that the product is delivered as expected and in good condition when it's delivered.

Right to Recover the Price Paid

If the seller doesn't deliver the goods as promised, then the buyer can sue the seller to get the money they paid back. It ensures that the buyer's money will remain safe and get back if the product is not received.

Right to Sue for Damages for Non-Delivery

If the seller fails to deliver the goods without a good reason, then the buyer has the option to ask for compensation for the loss caused by the seller's failure to deliver. It helps buyers to recover financially from the situation.

Right to Seek Specific Performance

If the seller doesn't fulfill their part of the agreement, then the buyer can go to court and ask the seller to complete the contract. Which ensures the buyers get what they were promised.

Right to Sue for Breach of Warranty or Condition

If the seller fails to meet any guarantee or conditions outlined in the contract, then the buyer can sue for the damages. This right ensures that the buyer gets fair compensation for any issues.

Right to Claim Interest on Refunds

If the seller breaks the contract and the buyer is due a refund, then the buyer has the right to claim interest on the amount. This means the buyer can receive extra money for the inconvenience caused by the seller's action.

Duties Of Buyer

Duty to Accept Delivery of Goods

When the seller is ready to deliver the goods as per the contract, then it's the buyer's duty to accept the goods without delay. This shows that buyers confirm that everything is in order.

Duty to Pay the Price for Possession

The buyer must pay the price agreed upon in the contract in exchange for the goods. It ensures that the seller is properly compensated for what they provide.

Duty to Apply for Delivery

The buyer must formally request or apply for the delivery of goods. This will help the seller to initiate the process of delivering the item to the buyer.

Duty to Demand Delivery at Reasonable Hour

The buyer should ask for a delivery at a reasonable hour and ensure that time is convenient for the buyer to receive the goods.

Duty to Accept Goods in Installments

If the contract specifies that the goods will be delivered in parts (installments), then the buyer must accept the delivery in installments and make payments accordingly.

Duty to Bear the Risk of Deterioration in Transit

If the goods are being transported to a different location by the buyer, then the complete buyer is responsible for any damage during the shipping.

Duty to Inform Seller of Refusal or Rejection

If the buyer decides to refuse or reject the goods, then they must notify the seller earlier so that the seller can take appropriate action.

Duty to Take Delivery within a Reasonable Time

Once the seller delivers the goods, the buyer must accept the delivery within a reasonable amount of time to avoid delays.

Duty to Pay the Price as Property Passes

When the ownership of goods is transferred to the buyer, they must pay the price as agreed upon. It aligns the payment with the transfer of ownership.

Duty to Pay Damages for Non-Acceptance

If the buyer refuses to accept the goods without a valid reason, they must have to pay the seller compensation for any losses caused by the refusal.

Conclusion

Overall, the Sale of Goods Act 1930 refers to the rights and duties of both buyers and sellers for fair transactions. From individual to business transactions, buyers and sellers both must know their rights and duties for a smooth exchange. We hope this guide helps you know the rights and duties of buyers that need to be followed in exchange for goods and services.