Delivery to carrier or wharfinger [section 39] where the seller is authorized or required to send the goods to the buyer, delivery of the goods to carrier (whether named by the buyer, or not) for the purpose of transmission to the buyer, or delivery of the goods to wharfinger custody, is prima facie deemed to be a delivery of the goods to the buyer (section 39(1)]. The seller is further required to perform the following two duties also.
(a) To make a reasonable contract with the carrier or wharfinger: unless other wise authorized by the buyer, the seller shall make a reasonable contract with the carrier or wharfinger on behalf of the buyer. If the seller omits to do so, and the goods are lost or damaged in course of transit or whilst in the custody of the wharfinger, the buyer may decline to treat the delivery to the carrier or wharfinger as a delivery to himself, or any hold the seller irresponsible for damages (section 39(2)]
(b) To give notice to the buyer to enable him to insure the goods: unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, in circumstances in which it is usual to insure, the seller must inform the buyer to enable him to insure them during their sea transit, and if the seller fails to do so, the goods shall be deemed to be at his risk during such transit [section 39(3)].
(a) To make a reasonable contract with the carrier or wharfinger: unless other wise authorized by the buyer, the seller shall make a reasonable contract with the carrier or wharfinger on behalf of the buyer. If the seller omits to do so, and the goods are lost or damaged in course of transit or whilst in the custody of the wharfinger, the buyer may decline to treat the delivery to the carrier or wharfinger as a delivery to himself, or any hold the seller irresponsible for damages (section 39(2)]
(b) To give notice to the buyer to enable him to insure the goods: unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, in circumstances in which it is usual to insure, the seller must inform the buyer to enable him to insure them during their sea transit, and if the seller fails to do so, the goods shall be deemed to be at his risk during such transit [section 39(3)].
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