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Book 4 · Commercial transactions  ›  Division 2 · Commercial sale of goods › Section 373

Section 373

(1) Where the buyer defaults on accepting delivery of the goods, the seller may deposit the goods, at the risk and cost of the buyer, in a public warehouse or in some other secure manner.

(2) Furthermore, the seller is entitled to have the goods sold at public auction upon a prior warning having been issued; if the goods have a stock-exchange or market price, the seller can, following a prior warning, also have the sale effected privately at the current price by a commercial broker officially authorised to effect such sales or by a person authorised to conduct public auctions. Where the goods are perishable and in cases of imminent danger, prior warning will not be required; the same applies if giving a warning is impracticable for other reasons.

(3) Any self-help sale takes place for the account of the delinquent buyer.

(4) The seller and the buyer may place bids at the public auction.

(5) In the event of a public auction, the seller is to provide to the buyer, in advance, the information designated in section 383 (3) nos. 1 to 3 of the Civil Code; the seller is to notify the buyer, without undue delay, of the execution of any kind of sale. In the event of failure to do so, the seller will be obliged to provide compensation of damages. Such notifications may be dispensed with if they are impracticable.

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