ART. S3] UNIFORM SALES ACT. 1927

delivery to the carrier 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 under circumstances in which the seller knows or ought to
know that it is usual to insure, the seller must give such notice to the
buyer as may enable him to insure them during their transit, and if
the seller fails to do so, the goods shall be deemed to be at his risk
during such transit.

1910, ch. 346, sec. 63 (p. 286).

68. (1) Where goods are delivered to the buyer, which, he has
not previously examined, he is not deemed to have accepted them unless
and until he has a reasonable opportunity of examining them for the
purpose of ascertaining whether they are in conformity with the con-
tract.

(2) Unless otherwise agreed, when the seller tenders delivery of
goods to the buyer, he is bound, on request, to afford the buyer a rea-
sonable opportunity of examining the goods for the purpose of ascer-
taining whether they are in conformity with the contract.

(3) Where goods are delivered to a carrier by the seller, in accord-
ance with an order from or agreement with the buyer, upon the terms
that the goods shall not be delivered by the carrier to the buyer until
he has paid the price, whether such terms are indicated by marking
the goods with the words "collect on delivery," or otherwise, the buyer
is not entitled to examine the goods before payment of the price, in
the absence of agreement permitting such examination.

1910, ch. 346, sec. 66 (p. 286).

69. The buyer is deemed to have accepted the goods when he inti-
mates to the seller that he has accepted them, or when the goods have
been delivered to him, and he does any act in relation to them which
is inconsistent with the ownership of the seller, or when, after the
lapse of a reasonable time, he retains the goods without intimating to
the seller that he has rejected them.
Cf. sec. 25.

1910, ch. 346, sec. 67 (p. 286).

70. In the absence of express or implied agreement of the parties,
acceptance of the goods by the buyer shall not discharge the seller
from liability in damages or other legal remedy for breach of any
promise or warranty in the contract to sell or the sale. But if, after
acceptance of the goods, the buyer fail to give notice to the seller of
the breach of any promise or warranty within a reasonable time after
the buyer knows or ought to know of such breach, the seller shall not
be liable therefor.

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