Section 39:
Delivery to carrier or wharfinger.
(1) Where, in pursuance of a contract of sale, the seller is
authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by
the buyer or not, for the purpose of transmission to the buyer, or delivery of the goods to a wharfinger for
safe custody, is prima facie deemed to be a delivery of the goods to the buyer.
(2) Unless otherwise authorised by the buyer, the seller shall make such contract with the carrier or
wharfinger on behalf of the buyer as may be reasonable having regard to the nature of the goods and the
other circumstances of the case. If the seller omits so to do, and the goods are lost or damaged in course of transit or whilst in the custody of the wharfinger, the buyer may decline to treat the delivery to the
carrier or wharfinger as a delivery to himself, or may hold the seller responsible in damages.
(3) Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea
transit, in curcumstances in which it is usual to insure, the seller shall give such notice to the buyer as
may enable him to insure them during their sea transit, and if the seller fails so to do, the goods shall be
deemed to be at his risk during such sea transit.