Professional Documents
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Obligations of A Vendor
Obligations of A Vendor
On trial or approval
suspensive condition
Depends on the character or
quality of the goods
Ownership is retained by the
seller until approval by the
buyer
Risk of loss is on the seller
the buyer
Place of Delivery
1. As agreed upon by the parties;
2. No agreement? Based on the usage of trade;
3. No agreement or prevalent usage of trade? Sellers place of
business;
4. In any other case, sellers residence
5. Specific goods located in some other place with knowledge
of both parties? Such place where it is placed or located
Time of Delivery
1. That fixed in the contract;
2. No time? Usage of Trade;
3. No time; No prevalent usage of trade? Within reasonable
time.
Reasonable timedepends on the character of goods,
purpose for which they were intended, ability of the seller to
produce the goods if they are to be manufactured, facilities
available for transportation and distance must be carried,
usual course of business in particular trade.
When the goods are in the hands of a third person or a
bailee?
- The bailee must acknowledge that he holds the goods on
the buyers behalf.
-
Article 1933. By the contract of loan, one of the parties delivers to another,
either something not consumable so that the latter may use the same for a
certain time and return it, in which case the contract is called a
commodatum; or money or other consumable thing, upon the condition that
the same amount of the same kind and quality shall be paid, in which case
the contract is simply called a loan or mutuum.
In commodatum the bailor retains the ownership of the thing loaned, while
in simple loan, ownership passes to the borrower. (1740a)
Hour of delivery
1. As agreed upon by parties;
2. No agreement? Reasonable hour of the day
Duty of the Seller to put goods in a Deliverable State
-state that the buyer would be bound to take delivery of the
goods.
-buyer is not bound to make tender or offer of payment until
the seller has complied with his obligations.
ART 1524
General rule: the thing must not be delivered unless the price is
paid;
Exception: if a time for payment has been fixed in the contract
Assignment next meeting:
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