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Contract and Commercial Law Act 2017

Sale of goods - Performance of contract

157: Payment and delivery are concurrent conditions

You could also call this:

“Buying things: You pay and get the item at the same time”

When you buy something, you and the seller need to do two things at the same time. You need to pay for the item, and the seller needs to give it to you. This is how it works:

The seller should be ready to hand over the item to you when you pay for it. At the same time, you should be ready to pay for the item when the seller gives it to you.

This rule applies to all sales unless you and the seller agree to do things differently.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844361.

Topics:
Business > Fair trading Money and consumer rights > Consumer protection
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156: Duties of seller and buyer, or

"Seller and buyer must follow through on their agreement"

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158: Determining whether buyer to take possession of goods or seller to send goods, or

"Figuring out who's responsible for delivering what you buy"

Part 3 Sale of goods
Performance of contract

157Payment and delivery are concurrent conditions

  1. Delivery of the goods and payment of the price are concurrent conditions that apply as follows:

  2. the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price; and
    1. the buyer must be ready and willing to pay the price in exchange for possession of the goods.

      1. This section applies unless otherwise agreed.

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