Passing of risk
This section has no associated Explanatory Memorandum
43.—(1) A sales contract is to be treated as including the following provisions as terms.
(2) The goods remain at the trader’s risk until they come into the physical possession of—
(a)the consumer, or
(b)a person identified by the consumer to take possession of the goods.
(3) Paragraph (2) does not apply if the goods are delivered to a carrier who—
(a)is commissioned by the consumer to deliver the goods, and
(b)is not a carrier the trader named as an option for the consumer.
(4) In that case the goods are at the consumer’s risk on and after delivery to the carrier.
(5) Paragraph (4) does not affect any liability of the carrier to the consumer in respect of the goods.