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Transit Sale
Article 329
- (1)
- The parties may agree that the seller deliver the goods to a third party indicated by the buyer.
- (2)
- The seller shall be obliged to notify the buyer of the forwarding of the goods to the third party, sending him also copies of the documents accompanying the goods.
- (3)
- The price may be paid by the third party.
Distribution of Costs Pertaining to Delivery of Goods
Article 330
- (1)
- Where the goods have to be forwarded to a place other than the place of delivery, the costs pertaining to forwarding and transportation shall be on account of the buyer.
- (2)
- It shall be assumed that the seller has undertaken the costs of loading and transportation, if delivery has been agreed franco a specific point other than the point of delivery.
- (3)
- The costs pertaining to forwarding and transportation, as well as the distribution of other costs related to the performance of the contract, may be determined by reference to general terms elaborated by international and other institutions.
Sale with Additional Specification
Article 331
The parties may agree on a term during which the buyer shall specify the object of sale. In case of delay of the buyer, the seller may either do so or avoid the contract.
Sale with Periodic Performance
Article 332
In the case of a sale with periodic performance where the parties have agreed that seller may perform in advance, what has been given in excess during the preceding period shall be deducted from what is due.
Sale with Buy-back Clause
Article 333
A sale with a buy-back clause must be in writing and with a fixed term for exercising the right of buy-back. The right of buy-back shall lapse upon expiration of the term.
Sale with Advance Payment of the Price
Article 334
The agreement for advance payment of the price must be in writing. If the seller fails to deliver the goods, he shall owe interest from the date of receipt of the price. In such a case the price paid shall be considered earnest money.
Installment Sale
Article 335
- (1)
- An installment sale shall be valid if executed in writing.
- (2)
- The failure to pay installments not exceeding one-fifth of the price of the goods, shall not be a reason for cancellation of the contract.
- (3)
- If the sale is avoided due to the buyer's failure to perform, the seller may also claim compensation.
Sale by Assignment of Negotiable Instruments
Article 336
In the case of sale of goods by assignment of a negotiable instrument the seller shall be relieved from the obligation to deliver the goods, by assigning the negotiable instrument to the buyer. The buyer shall be bound to pay the price immediately and at the point of delivery of the documents, unless otherwise agreed.
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