Usually the parties will have agreed on a date for delivery
of the goods. This is known as a fixed delivery date and failure to deliver on
time will allow the other person to repudiate the contract and sue for damages.
Where there is no such fixed date the law implies into the contract that the delivery
will take place within a reasonable time.
Many businesses will include in their contracts a term that tis
known as a price variation clause. This is included to protect the parties from
uncontrollable variations. The price first agreed when the parties negotiated
may have changed due to unforeseen rises in perhaps inflation, fuel costs and
production costs. Understandably, a business will not want to lose out
financially and will cover such a rise with this term that allows them to
increase the contract price.
The payment for goods delivered by the seller is a very
important part of the contract. The payment terms will normally be agreed
between the parties when the contract is negotiated. It will be usual to expect
payment on delivery, payment by instalments or payment by any method agreed by
Quality and quantity of goods delivered
When the goods are delivered it is expected that what was
agreed to be delivered will in fact be delivered. The goods will be expected to
match in terms of quality and quantity.
In terms of quality, the law implies into contracts that the
goods delivered are fit for the purpose that they were intended, that they should
be free from minor defects in terms of finish and appearance and that they
should be and lasting. The buyer will have time to examine the goods upon delivery
before deciding to accept them or reject them if they fail to meet the required