In the sales contract, the exchange of goods takes place immediately. The sale and the sale agreement, as they were actually expressed, appear to be under a similar non-exclusive name, but at the same time must be treated under different classifications. In this sense, an agreement on the idea of the objects must be negotiated or deducted and the satisfaction of the condition would lead to the title being found in the contractual products of the sale. These two ideas of supply and approval to act is itself a powerful idea. 7. If the seller becomes insolvent, the buyer can pick up goods from the seller`s official recipient. In accordance with the Property Sale Act of 1930, Section 4, paragraph 3, deals with the sales contract and the sale agreement, which specifies that the sale agreement is also being sold. But there is a difference between these two terms that we discussed above. 2. Ensure adequacy for a specific purpose: if the seller knows or must know that (1) the buyer intends to use the goods for specific purposes and (2) the buyer relies on the seller`s ability or judgment to choose the appropriate merchandise, a tacit guarantee that the goods correspond to that purpose when it is produced.
An example is an owner who buys paint to paint a house. If the seller recommends a certain color, but this color is not suitable for painting houses, then the seller has violated this tacit guarantee of fitness for a particular purpose. As noted above, the sale is immediate, while a sale agreement will be reached in the future based on certain conditions. Thus, at the time of the sale, there is an effective transfer, whereas at the time of the agreement to sell future transfers, there is. Risks are transferred immediately into the sale, while in the sales contract, risks are attached to the seller until the goods are transferred in the future. The sale is an executed contract, while the sales agreement is a contract of execution. The agreement may require the rapid movement of the product or the rapid rate of costs either or for transportation or the rate per piece, or that the transport or the rate or both is delayed. It is also subject to the provisions of a statute until further notice, a sales contract may be implied in writing or by word of mouth or partly in writing or partly in writing or oral or by the conduct of the parties. Thus, the procedure for chaining a sales contract was explained in Section 5 of the law in question.
In the event of an immediate sale, all rights related to the goods to the seller are tacitly receptive to the buyer, whereas this is not the case in the sales contract. In some cases, the sale is also made in accordance with the descriptions, which is why it applies to both the sale and the sale pursuant to Section 15 of the Property Sale Act, 1930. The seller has the right to resell the same merchandise if the conditions are not met. In the case of Cehave N.V. v Bremer Handelsgesellschaft mbH; Hansa North (1976) Q.B.44, the facts indicated that a written contract for the sale of fruit pellets contained the express provision to “ship in good condition. In fact, some of the pellets were not in good condition during shipping. However, upon arrival, they were still fit for the appropriate purpose and, although they were of less value than they should have been, they could have been resold at a reduced cost.