|
|
Delivery of goods.
|
3.—(1) In this Act “delivery”, in relation to goods, shall include—
|
|
| |
(a) the transfer of ownership of the goods by agreement,
|
|
| |
(b) the handing over of the goods to a person pursuant to an agreement which provides for the renting of the goods for a certain period subject to a condition that ownership of the goods shall be transferred to the person on a date not later than the date of payment of the final sum under the agreement,
|
|
| |
(c) the handing over by a person (in this paragraph referred to as the contractor) to another person of the goods, being goods which he has developed, constructed, manufactured, produced or extracted from goods entrusted to him by that other person for the purpose of any of those operations, whether or not the contractor has supplied a part of the goods used,
|
|
| |
(d) the transfer of ownership of the goods pursuant to—
|
|
| |
(i) their acquisition, otherwise than by agreement, by or on behalf of the State or a local authority, or
|
|
| |
(ii) their seizure by any person acting under statutory authority,
|
|
| |
(e) the use by an accountable person for the purposes of his business, other than as stock-in-trade (within the meaning of section 34) of the goods, being goods developed, constructed, manufactured, produced, extracted or imported by him or by another person on his behalf, and
|
|
| |
(f) the appropriation by an accountable person for any purpose other than the purpose of his business of the goods, being goods which were delivered to him, or which were developed, constructed, manufactured, produced, extracted or imported by him in the course of business,
|
|
| |
and cognate words shall be construed accordingly.
|
|
| |
(2) If three or more persons enter into agreements concerning the same goods and fulfil those agreements by a direct delivery of the goods by the first person in the chain of sellers and buyers to the last buyer, then the delivery to such last buyer shall be deemed, for the purposes of this Act, to constitute a simultaneous delivery by each seller in the chain.
|
|
| |
(3) The sale by auction of goods, being vegetables, fruit, flowers, poultry, eggs or fish shall be deemed, for the purposes of this Act, to constitute a delivery of the goods to and simultaneously by the auctioneer.
|
|
| |
(4) The sale of goods through a person (in this subsection referred to as the agent) who, while purporting to act on his own behalf, concludes agreements in his own name but on the instructions of and for the account of another person shall be deemed, for the purposes of this Act, to constitute a delivery of the goods to and simultaneously by the agent.
|
|
| |
(5) (a) The transfer of ownership of goods pursuant to a contract of the kind referred to in subsection (1) (b) shall be deemed, for the purposes of this Act, not to be a delivery of the goods.
|
|
| |
(b) The transfer of ownership of goods—
|
|
| |
(i) as security for a loan or debt, or
|
|
| |
(ii) where the goods are held as security for a loan or debt, upon repayment of the loan or debt, or
|
|
| |
(iii) in connection with the transfer of a business or part thereof to another accountable person,
|
|
| |
shall be deemed, for the purposes of this Act, not to be a delivery of the goods unless the goods are goods of a kind specified in the Fourth Schedule and the delivery of the goods is one in relation to which tax at the rate of 30·26 per cent. is chargeable.
|
|
| |
(6) The place where goods are delivered shall be deemed, for the purposes of this Act, to be—
|
|
| |
(a) in case the delivery of the goods requires their transportation, the place where the transportation begins, and
|
|
| |
(b) in any other case, the place where the goods are located at the time of the delivery.
|
