Section I General

(1)

A commercial sale shall be a sale which constitutes a commercial transaction pursuant to the provisions of this Law.

(2)

A sale the subject of which is an item for personal consumption and where the buyer is a natural person, shall not be a commercial sale.

Where no term has been agreed for delivery of the goods, the buyer may demand delivery within a reasonable term.

Where it has been agreed that the goods will be accepted at the warehouse of the seller, the parties shall determine within what time limits and in what manner the seller must notify the buyer that the goods are ready for delivery. Where that has not been determined, the notification shall be at least three days prior to the date of delivery, and should the parties be situated in different localities - at least five days before that date.

Upon request of the buyer the seller shall be obliged to issue an invoice, and also other documents as agreed between the parties.

The seller shall be obliged to provide the necessary service according to the commercial practice, unless otherwise agreed.

Should the sale be avoided and within an appropriate period of time after the avoidance the buyer has purchased replacement goods, or the seller has re-sold the goods, the party seeking compensation may receive the difference between the sale price and the price of the replacement transaction, as well as compensation.

The buyer shall inspect the goods in the course of time as necessary in view of the circumstances, and where the goods fail to meet the requirements, he shall immediately notify the seller. If the buyer fails to do so, the goods shall be considered approved as complying to the requirements, except for hidden defects.

(1)

In the event of refusal to accept goods forwarded from another place, the buyer shall be obliged to keep them with the care of good merchant for the time period usually needed by the buyer to give his instructions. Should the seller be in delay, the buyer may deliver the goods for keeping to a third party, notifying the seller thereof.

(2)

Should the goods be perishable, or where their keeping is related to considerable costs and inconveniences, the buyer may sell them on account of the seller.

(3)

Where no instructions have been given pursuant to paragraph 1, the buyer shall be liable only for intentional acts or gross negligence.

(1)

The price shall be determined by the parties upon conclusion of the contract.

(2)

Where the price has not been determined and there is no agreement as to how to determine it, it shall be considered that the parties have agreed to the price usually paid upon conclusion of sale of the same type of goods under similar circumstances.

(3)

Where the price is calculated on the basis of weight of the goods, the tare shall be deducted. This rule shall also apply where substances other than the goods are used for the purpose of preservation of goods.

(1)

The buyer shall be obliged to pay the price upon delivery of the goods or of the documents entitling him to receive the goods, unless otherwise agreed.

(2)

If the seller has undertaken to forward the goods, he shall be entitled to demand that this happens only against payment of the price or presentation of evidence for payment thereof.

(1)

Where the buyer is in delay of receipt of goods, the seller may:

1.

deliver the goods for safekeeping;

2.

sell the goods at market prices or at a public auction, after notification to the buyer thereof, informing him of the time and place of the sale or auction;

3.

in the case of perishable goods to sell them without prior notice.

(2)

The delivery for safekeeping and the sales under paragraph 1 shall be on the account and risk of buyer.

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