Section 35 BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).
Installment deliveries
35 (1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery by installments.
(2) If there is a contract for the sale of goods to be delivered by stated installments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more installments, or the buyer neglects or refuses to take delivery of or pay for one or more installments, it is a question in each case depending on the terms of the contract and the circumstances of the case whether the breach of contract is
(a) a repudiation of the whole contract, or
(b) a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated.
Section 42 (1) BEFORE amended by 2023-10-1017, effective March 30, 2023 (Royal Assent).
(1) In this Part, "seller" includes any person who is in the position of a seller, as, for instance, an agent of the seller to whom the bill of lading has been endorsed, or a consignor or agent who has himself or herself paid or is directly responsible for the price.