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Contract and Commercial Law Act 2017

Sale of goods - Performance of contract - Rules about delivery

172: Liability of buyer for neglecting or refusing to take delivery of goods

You could also call this:

“What happens if you don't pick up something you bought when it's ready”

If you are buying something, you need to take delivery of it when the seller is ready to give it to you. The seller will ask you to take the goods, and you should do this within a reasonable time. If you don’t take the goods when asked, you might have to pay the seller for any losses they have because of your delay. You might also have to pay for looking after the goods.

For example, if you bought a large item like a fridge, and the seller asks you to come and collect it, you should do so soon. If you don’t, and the seller has to keep the fridge in their shop for a long time, you might have to pay for the space it takes up.

Remember, if you refuse to take the goods, it might be seen as you breaking the whole agreement. This could lead to more serious consequences, but the law doesn’t go into detail about what these might be.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844378.

Topics:
Money and consumer rights > Consumer protection Business > Fair trading
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"You don't have to send back things you don't want to keep"

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"What it means to be an unpaid seller of goods"

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

172Liability of buyer for neglecting or refusing to take delivery of goods

  1. This section applies if—

  2. the seller is ready and willing to deliver the goods; and
    1. the seller requests that the buyer take delivery of the goods; and
      1. the buyer does not, within a reasonable time after the request, take delivery of the goods.

        1. The buyer is liable to the seller for—

        2. any loss caused by the buyer’s neglect or refusal to take delivery of the goods; and
          1. a reasonable charge for the care and custody of the goods.

            1. However, nothing in this section affects the rights of the seller if the buyer’s neglect or refusal to take delivery of the goods amounts to a repudiation of the contract.

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