| Commentary

115 Risk

| Commentary

115 Risk

Goods remain at the seller’s risk until the property in them is transferred to the buyer. When the property in the goods is transferred to the buyer the goods are at the risk of the buyer. This applies whether delivery has taken place or not. The parties can make a different arrangement if they wish1.

The presumption is that the risk and property pass at the same time, which will mean that any damage, deterioration of the goods will be the responsibility of the buyer.

The parties can make a different arrangement:

  1. 115.1

        by express agreement; or

  2. 115.2

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