s 40
In forceLiability of buyer for neglecting or refusing delivery of goods
Part IVPerformance of the contract
40 Liability of buyer for neglecting or refusing delivery of goods
(1)
Subject to subsection (2), when the seller is ready and willing to deliver the goods and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods.
(2)
Nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract.
Part V Rights of unpaid seller against the goods
Division 1 General
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