Page:United States Statutes at Large Volume 47 Part 1.djvu/1238

 1214 72d CONG RESS. SESS. II. CH. ,128. FEB RUAR Y 27, 1938 . A UC, p. 1208. the goods to the buyer, except in the cases provided for in section 615, rule five, or unless a contrary intent appears. 2 . Unless otherwise authorized by the buyer. the seller must make such contract with the carrier on behalf of the buyer as may be re asonable, having regard to the n ature of the goo ds and t he other circumstances of the case. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsi ble in damages. 3 . Unless otherwise agreed i where goods are sent by the seller to the buyer under circumstances in which the seller knows or ought to know that it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their transit, and, if the seller fails to do so, the goods shall be deemed to be at his risk during such transit. Ri ght to examine Sac. 643. RIGHT TO EXAMINE THE GOODS :1. Where goods are deliv- goodsd ere d to the buyer, which he has not previou sly exam ined, he is not deemed to have accepted them unless and until he has had a reason- able opportunity to examine them for the purpose of ascertaining whether they are in conformity with the contract. 2. Unless otherwise agreed, when the seller tenders delivery of good s to the buyer, he is bo und, on request, to affor d the bu yer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. 3 . Where goods ar e delivered to a carrier by the s eller, in accord - ance with an order from or agreement with the buyer, upon the terms that the goods shall not be delivered by the carrier to the buyer until he h as paid the pric e, wheth er such terms are indicat ed by ma rking the goods with the words "collect on delivery," or otherwise, the buyer is not entitled to examine the goods before payment of the price in the a bsence o f agreem ent perm itting s uch exam ination. what eeptance constitutes an. Sac. 644 . WHAT CONSTITUTES ACC EPT ANC E .-The buyer is deemed . to have accepted the goods when he mtimates to the seller that he has accepted them, or when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has Acceptance not bar rejecte d them. toaetionrordamages. ,SEC. 645. ACCEPTANCE DOES NOT BAR ACT ION FOR D...MAGEB .-In the absence of expr ess or i mplied a greement of the parties, accepta nce of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or war- ranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know, of such breach, the seller shall not be liable therefor. Return oP goods wrangly delicared. SEC • 646 • BUYER IS NOT BOUND T O RETURN GOODS WRONGLY DEIdV- aRED.-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 the seller, but it is sufficient if he notifies the seller that he refuses to accept them. Liability for PaiIore to accept delivery. SEC. 647• Bur an's LIABIL ITY FOR FAILING TO ACCEPT DELIVERY.- 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 reason- able time after such request take deliver of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods. If the neglect or refusal of the buyer to take delivery