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Chapter 4
Other rules in sales contracts
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Passing of risk
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35. (1) Where a sales contract is concluded between a trader and a consumer, goods remain at the trader’s risk until the consumer, or a person nominated by the consumer for the purpose, acquires the physical possession of the goods.
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(2) Subsection (1) does not apply where the goods are delivered to a carrier who—
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(a) was commissioned by the consumer for the purpose of carrying the goods, and
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(b) was not proposed by the trader for that purpose.
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(3) Where subsection (2) applies, the goods are at the consumer’s risk upon delivery to the carrier.
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(4) Subsection (3) is without prejudice to the rights of the consumer against the carrier.
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