Page 374 - Important Provisions of The New Civil Code
P. 374

Article  1504.  Unless  otherwise  agreed,  the


        goods  remain  at  the  seller's  risk  until  the


        ownership therein is transferred to the buyer,



        but when the ownership therein is transferred


        to the buyer the goods are at the buyer's risk


        whether actual delivery has been made or not,



        except that:




               (1)  Where  delivery  of  the  goods  has  been


               made  to  the  buyer  or  to  a  bailee  for  the


               buyer, in pursuance of the contract and the



               ownership in the goods has been retained


               by the seller merely to secure performance


               by  the  buyer  of  his  obligations  under  the



               contract,  the  goods  are  at  the  buyer's  risk


               from the time of such delivery;




               (2) Where actual delivery has been delayed


               through the fault of either the buyer or seller



               the goods are at the risk of the party in fault.


               (n)
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