Part One. Documents of the Conference
delay by the other party in taking possession of the goods
or in taking them back or in paying the cost of preserva
tion, provided that notice of the intention to sell has been
given to the other party.
(2) If the goods are subject to loss or rapid deteriora
tion or their preservation would involve unreasonable ex
pense, the party who is bound to preserve the goods in
accordance with articles 74 or 75 must take reasonable
measures to sell them. To the extent possible he must give
notice to the other party of his intention to sell.
(3) The party selling the goods has the right to retain
out of the proceeds of sale an amount equal to the rea
sonable expenses of preserving the goods and of selling
them. He must account to the other party for the ba
CHAPTER V. PASSING OF RISK
Loss or damage to the goods after the risk has passed
to the buyer does not discharge him from his obligation
to pay the price, unless the loss or damage is due to an act
or omission of the seller.
(I) If the contract of sale involves carriage of the
goods and the seller is not required to hand them over at
a particular destination, the risk passes to the buyer when
the goods are handed over to the first carrier for trans
mission to the buyer. lethe seller is required to hand the
goods over to a carrier at a particular place other than
the destination, the risk does not pass to the buyer until
the goods are handed over to the carrier at that place.
The fact that the seller is authorized to retain documents
controlling the disposition of the goods does not affect
the passage of risk.
(2) Nevertheless, if the goods are not clearly marked
with an address or otherwise identified to the contract,
the risk does not pass to the buyer until the seller sends
the buyer a notice of the consignment which specifies the
The risk in respect of goods sold in transit is assumed
by the buyer from the time the goods were handed over
to the carrier who issued the documents