8.6 Rights and duties of the parties

Rights and duties of the seller

Right to payment: The seller has the right to receive payment from the buyer according to the terms of the contract. This includes the right to demand payment upon delivery or according to agreed-upon payment schedules.
Right to transfer ownership: The seller has the duty to transfer ownership of the goods to the buyer in accordance with the contract terms. This typically occurs upon delivery and acceptance of the goods.
Right to delivery: The seller is obligated to deliver the goods to the buyer as specified in the contract. This includes ensuring that the goods are properly packaged, labeled, and transported to the agreed-upon location.
Right to inspection: The seller may have the right to inspect the goods to ensure they conform to the contract specifications before delivery. This is particularly important if the contract allows for inspection and rejection by the buyer.
Right to remedies for breach: If the buyer breaches the contract (e.g., by failing to pay or accept the goods), the seller has the right to pursue legal remedies, such as claiming damages, specific performance (forcing the buyer to fulfill their obligations), or even cancellation of the contract.
Warranty obligations: The seller may have a duty to provide warranties about the quality, fitness for purpose, and title of the goods, depending on applicable laws and the terms of the contract.
Right to stoppage in transit: In some cases, if the buyer becomes insolvent or fails to pay, the seller may have the right to stop the goods in transit to prevent their delivery to the buyer.

Rights and duties of the buyer

Right to receive conforming goods: The buyer has the right to receive goods that conform to the contract specifications, including quality, quantity, and description.
Right to inspection: The buyer may have the right to inspect the goods upon delivery and acceptance. If the goods do not conform to the contract, the buyer has the right to reject them.
Right to payment terms: The buyer has a duty to make payment to the seller according to the agreed-upon payment terms in the contract.
Right to remedies for breach: If the seller breaches the contract (e.g., by delivering non-conforming goods), the buyer has the right to pursue legal remedies, such as claiming damages, demanding specific performance, or canceling the contract.
Acceptance or rejection: The buyer has the duty to accept or reject the goods upon inspection. If the goods conform to the contract, the buyer must accept them. If they do not conform, the buyer has the right to reject them.
Duty to provide necessary information: The buyer may have a duty to provide the seller with necessary information or specifications to ensure the goods meet their intended purpose.
Warranty claims: If the goods do not conform to warranties provided by the seller or implied by law, the buyer has the right to make warranty claims for defects, non-conformity, or breach of warranty.
Right to inspection of records: In some cases, the buyer may have the right to inspect the seller’s records or documentation related to the goods, such as certificates of origin or quality.