(1) If the goods sent to the commission agent are in a damaged or defective condition at the time of delivery and this is apparent, the commission agent will reserve all rights against the carrier or skipper, will make arrangements to preserve proof of such condition, and will notify the principal thereof without undue delay; should the commission agent fail to do so, the commission agent will be liable for the compensation of damages.
(2) If the goods are perishable or if changes occur in them subsequently which give rise to the concern that they may depreciate, and there is no time to obtain instructions from the principal, or the principal is tardy in issuing such instructions, then the commission agent may cause the goods to be sold subject to the provisions of section 373.