Article 1521.

Whether it is for the buyer to take possession of the goods or of the seller to
send them to the buyer is a question depending in each case on the contract, express or implied,
between the parties. Apart from any such contract, express or implied, or usage of trade to the contrary,
the place of delivery is the seller's place of business if he has one, and if not his residence; but in case
of a contract of sale of specific goods, which to the knowledge of the parties when the contract or the
sale was made were in some other place, then that place is the place of delivery.
Where by a contract of sale the seller is bound to send the goods to the buyer, but no time for sending
them is fixed, the seller is bound to send them within a reasonable time.
Where the goods at the time of sale are in the possession of a third person, the seller has
not fulfilled his obligation to deliver to the buyer unless and until such third person acknowledges to
the buyer that he holds the goods on the buyer’s behalf.
Demand or tender of delivery may be treated as ineffectual unless made at a reasonable
hour. What is reasonable hour is a question of fact.
Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state
must be borne by the seller.

Place of delivery of goods sold.

Should the buyer take possession of the goods or should the seller send them? In other words, where is
the place of delivery?
The following are the rules:
(1) Where there is an agreement, express or implied, the place of delivery is that agreed upon;
2) Where there is no agreement, the place of delivery is that determined by usage of trade;
(3) Where there is no agreement and there is also no prevalent usage, the place of delivery is the
seller’s place of business;
(4) In any other case, the place of delivery is the seller’s residence; and
(5) In case of specific goods, which to the knowledge of the parties at the time the contract was made were
in some other place, that place is the place of delivery, in the absence of any agreement or usage of trade
to the contrary.

Article 1522. Where the seller delivers to the buyer quantity of goods less than he contracted to sell,
the buyer may reject them, but if the buyer accepts or retains the goods so delivered,
knowing that the seller is not going to perform the contract in full, he must pay for them at the contract
rate. If, however, the buyer has used or disposed of the goods delivered before he knows
that the seller is not going to perform his contract in full, the buyer shall not be liable for more
than the fair value to him of the goods so received.
Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the
buyer may accept the goods included in the contract and reject the rest. If the buyer accepts the
whole of the goods so delivered he must pay for them at the contract rate.
Where the seller delivers to the buyer the goods hecontracted to sell mixed with goods of
a differentdescription not included in the contract, the buyer mayaccept the goods which are in
accordance with thecontract and reject the rest. In the preceding two paragraphs, if the subject
matter isindivisible, the buyer may reject the whole of the goods.The provisions of this article are
subject to any usage oftrade, special agreement, or course of dealing betweenthe parties