PART 1Consumer contracts for goods, digital content and services
CHAPTER 2Goods
Other rules about goods contracts
I129Passing of risk
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
Subsection (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
Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.
6
See section 2(5) and (6) for the application of this section where goods are sold at public auction.