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    When Vendor Is Not Bound To Deliver The Thing Sold

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    Julrick Cubio Egbus
    The vendor is not obligated to deliver goods until the buyer pays for them, unless a payment period was agreed upon. Even with a payment period, the vendor can refuse delivery if the buyer becomes insolvent, fails to provide agreed upon security, or violates the terms of the contract. If the quantity delivered is less than agreed, the buyer can reject the goods or accept what was delivered. If more is delivered, the buyer can accept the excess goods and pay the contract rate, or reject the entire delivery if indivisible. The buyer also has options to accept conforming goods and reject nonconforming items if the sale is divisible, or reject the entire delivery if indivisible.

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    When Vendor Is Not Bound To Deliver The Thing Sold

    Uploaded by

    Julrick Cubio Egbus
    783 views1 page
    The vendor is not obligated to deliver goods until the buyer pays for them, unless a payment period was agreed upon. Even with a payment period, the vendor can refuse delivery if the buyer becomes insolvent, fails to provide agreed upon security, or violates the terms of the contract. If the quantity delivered is less than agreed, the buyer can reject the goods or accept what was delivered. If more is delivered, the buyer can accept the excess goods and pay the contract rate, or reject the entire delivery if indivisible. The buyer also has options to accept conforming goods and reject nonconforming items if the sale is divisible, or reject the entire delivery if indivisible.

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    When Vendor is Not Bound to Deliver the Thing Sold

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    The vendor is not obligated to deliver goods until the buyer pays for them, unless a payment period was agreed upon. Even with a payment period, the vendor can refuse delivery if the buyer becomes insolvent, fails to provide agreed upon security, or violates the terms of the contract. If the quantity delivered is less than agreed, the buyer can reject the goods or accept what was delivered. If more is delivered, the buyer can accept the excess goods and pay the contract rate, or reject the entire delivery if indivisible. The buyer also has options to accept conforming goods and reject nonconforming items if the sale is divisible, or reject the entire delivery if indivisible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    783 views1 page

    When Vendor Is Not Bound To Deliver The Thing Sold

    Uploaded by

    Julrick Cubio Egbus
    The vendor is not obligated to deliver goods until the buyer pays for them, unless a payment period was agreed upon. Even with a payment period, the vendor can refuse delivery if the buyer becomes insolvent, fails to provide agreed upon security, or violates the terms of the contract. If the quantity delivered is less than agreed, the buyer can reject the goods or accept what was delivered. If more is delivered, the buyer can accept the excess goods and pay the contract rate, or reject the entire delivery if indivisible. The buyer also has options to accept conforming goods and reject nonconforming items if the sale is divisible, or reject the entire delivery if indivisible.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    1.

    When vendor is not bound to deliver the thing sold


    a. If the vendee has not paid him the price. (Art. 1524)
    b. If no period for the payment of then price has been fixed in the contract. (Art. 1524)
    c. If a period has been fixed for the payment of the price, the vendor is bound to deliver the thing
    sold. However, he is not bound to deliver if the vendee loses the right to make use of the period
    (Art. 1536) as follows:
    i. When the vendee becomes insolvent, unless he gives a guaranty or security for the payment
    of the price;
    ii. When the vendee fails to furnish the guaranties or securities that he has promised;
    iii. When the guaranties or securities have been impaired through his own acts or when through
    a fortuitous event they disappear, unless he immediately gives new ones equally satisfactory;
    iv. When the vendee violates any undertaking in consideration of which the vendor agreed to
    the period;
    v. When the vendee attempts to abscond.
    2. Remedies of the buyer when the quantity or quality of goods delivered is different from that which
    the seller contracted to sell. (Art. 1522)
    a. When the quantity delivered is less than that which the parties had agreed upon, the buyer may:
    i. Reject the goods
    ii. Accept the goodshg
    PROBLEM: B bought 100 suits, only 60 of which arrived. He sold some of them (perhaps even
    for a lesser price for purposes of propaganda or advertisement), thinking that the others were
    coming. Can he return the rest, if they are unsold? What price must he pay?
    b. When the quantity delivered is more than that which the parties agreed upon, the buyer may:
    i. Accept the goods agreed upon and reject the rest.
    ii. Accept the whole of the goods delivered and pay for them at the contract rate.
    iii. Reject the whole of the goods if they are indivisible.
    PROBLEM: B bought from S 100 cans of tomato sauce, 120 of which arrived. What is B’s right?
    c. When the seller delivers agreed upon but are mixed with goods of different description, the buyer
    may:
    i. Accept he goods agreed upon and reject the rest, if the sale is divisible.
    ii. Reject the whole of the goods, if the sale is indivisible.
    PROBLEM: B accepted the correct (as ordered) goods, rejected the rest (because incorrect).
    He then purchased the rest that he needed in the market, without first giving the seller
    opportunity to make proper substitution. Can he charge the seller for the consequent
    difference in price?

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