Section 39 in The Jammu and Kashmir Sale of Goods Act, 1996 (1939 A.D.)
39. Delivery to carrier or wharfinger.
(1)Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, or delivery of goods to a wharfinger for sale custody, is prima facie deemed to be a delivery of the goods to the buyer.(2)Unless otherwise authorise by the buyer, the seller shall make such contract with the carrier or wharfinger on behalf of the buyer as may be reasonable having regard to the nature of the goods and other circumstances of the case. If the seller omits so to do, 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 may hold the seller responsible in damages.(3)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 shall give such notice to the buyer as may enable him, to insure them during their sea transit, and if the seller fails so to do, the goods shall be deemed to be at his risk during such sea transit.
