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Contract and Commercial Law Act 2017

Sale of goods - Performance of contract - Rules about delivery

168: Risk where goods are delivered at place other than place where goods are sold

You could also call this:

“Who's responsible when things are delivered to a different place than where they were sold”

When you buy something, sometimes the seller might agree to deliver it to you at a different place than where the item is sold. In this case, the seller is responsible for making sure the item gets to you safely.

However, you need to understand that some things might happen to the item while it’s being moved. For example, if you buy fresh fruit, it might get a bit softer during the trip. This kind of change that happens because of the journey is something you have to accept, unless you and the seller agree to something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844374.

Topics:
Money and consumer rights > Consumer protection Business > Fair trading
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167: Delivery to carrier, or

"Sending goods to the buyer through a shipping company"

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"You can check what you buy before keeping it"

Part 3 Sale of goods
Performance of contract: Rules about delivery

168Risk where goods are delivered at place other than place where goods are sold

  1. This section applies if a seller of goods agrees to deliver the goods at the seller’s own risk at a place other than the place where the goods are when they are sold.

  2. Unless otherwise agreed, the buyer must take any risk of deterioration in the goods that is necessarily incidental to the course of transit.

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