| Commentary

112.2 Place of inspection

| Commentary

112.2 Place of inspection

The presumption is that the place of examination is the place of delivery1. This presumption can be displaced where there is a different intention because:

  1. 112.2.1

        of the provisions of the contract2;

  2. 112.2.2

        it is not possible to examine the goods3; or

  3. 112.2.3

        the goods themselves do not allow examination (eg by their packaging)4.

If the buyer refuses to examine, the seller may not be in breach if the seller does not deliver5.

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