Plain language law

New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Sale of goods - Performance of contract - Rules about delivery

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

You could also call this:

“Figuring out who's responsible for delivering what you buy”

You need to know that when you buy something, it’s not always clear who should deliver the goods. Sometimes you might need to go and pick up the item yourself. Other times, the seller might need to send it to you. The way to figure this out is by looking at what you and the seller agreed to when you made the deal. This agreement can be something you both said out loud, or it might be something that was understood without being said. Every time you buy something, you need to check your agreement to know who is responsible for getting the item to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844363.

Topics:
Money and consumer rights > Consumer protection Business > Fair trading
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157: Payment and delivery are concurrent conditions, or

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

Next

159: Place of delivery, or

"Where to pick up what you bought"

Part 3 Sale of goods
Performance of contract: Rules about delivery

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

  1. Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties.

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