Vendor’s Obligations

1. TO PAY PRICE OF THE THING SOLD

The buyer is bound to pay the price of the thing sold at the time and place stipulated in the contract. (Article 1582, Ibid.)

2. TO ACCEPT DELIVERY

At time and place stipulated.The buyer is bound to accept delivery at the time and place stipulated in the contract.(Article 1582, Ibid.)

If the time and place should not have been stipulated, the payment must be made at the time and place of the delivery of the thing sold. (Paragraph 2, Article 1582, Ibid.)

No delivery by installments. –

General Rule: The buyer of goods is not bound to accept delivery thereof by installments. (Article 1583, Ibid.)Exception: Unless otherwise agreed… (Ibid.)If delivery by installments is stipulated. Where there is a contract of sale of goods to be delivered by stated installments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer neglects or refuses without just cause to take delivery of or pay for one more instalments, it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation but not to a right to treat the whole contract as broken. (Paragraph 2, Article 1583, Ibid.)

Reasonable opportunity to exa...