| Commentary

385 Risk of loss or damage

| Commentary

385 Risk of loss or damage

It is important for a company to specify exactly when the risk in items of product delivered under distribution agreements passes to the distributor. The reason for this is that, once risk has passed to the distributor, then the distributor will be liable for any loss or damage occasioned to the product. In distribution agreements which have been drafted from the point of view of the distributor, the risk in product may pass to a distributor only when the distributor appropriates the product to a particular order placed by the distributor's customers. These provisions

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