Risk allocation for delivered goods: buyer bears transit deterioration risk unless parties agree otherwise by contract. Where a seller contracts to deliver goods at a place other than that where they are sold, the seller bears delivery responsibility but, unless otherwise agreed, the buyer bears the risk of deterioration necessarily incident to the course of transit.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Risk allocation for delivered goods: buyer bears transit deterioration risk unless parties agree otherwise by contract.
Where a seller contracts to deliver goods at a place other than that where they are sold, the seller bears delivery responsibility but, unless otherwise agreed, the buyer bears the risk of deterioration necessarily incident to the course of transit.
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