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Discuss the rights and duties of a seller and a buyer as per the provisions of the Sale of Goods Act, 1930.
Rights and Duties of a Seller under the Sale of Goods Act, 1930:
Rights of a Seller:
- Right to Sell: The seller has the right to sell the goods, and the buyer obtains good title to the goods purchased.
- Right to Receive Price: The seller has the right to receive the agreed-upon price for the goods sold.
- Right to Sue for Price: If the buyer fails to pay the price, the seller has the right to sue for the price of the goods.
- Right to Stop Goods in Transit: If the buyer becomes insolvent, the seller can stop the goods in transit and regain possession of them.
Duties of a Seller:
- Delivery of Goods: The seller must deliver the goods to the buyer in accordance with the terms of the contract.
- Transfer of Title: The seller must transfer the ownership and title of the goods to the buyer.
- Warranties: The seller must fulfill any express or implied warranties regarding the quality, condition, and fitness of the goods, unless otherwise agreed.
- Provide Proper Documents: The seller must provide the necessary documents related to the goods, such as invoices, bills of lading, and certificates of origin.
Rights and Duties of a Buyer under the Sale of Goods Act, 1930:
Rights of a Buyer:
- Right to Obtain Goods: The buyer has the right to obtain the goods as per the terms of the contract.
- Right to Reject Non-Conforming Goods: If the goods delivered do not conform to the contract, the buyer has the right to reject them.
- Right to Sue for Damages: If the seller breaches the contract, the buyer has the right to sue for damages.
- Right to Inspect Goods: The buyer has the right to inspect the goods before accepting them.
Duties of a Buyer:
- Acceptance of Goods: The buyer must accept the goods delivered by the seller, unless there is a valid reason to reject them.
- Payment of Price: The buyer must pay the agreed-upon price for the goods within the specified timeframe.
- Provide Necessary Information: The buyer must provide accurate and necessary information to the seller for the performance of the contract.
- Take Delivery: The buyer must take delivery of the goods as per the terms of the contract.