Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If, under the contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether known by the buyer or not, for the purpose of transmission to the buyer, is prima facie deemed to be a delivery of the goods to the buyer.
(2) Unless otherwise authorised by the buyer, the seller must make a contract with the carrier on behalf of the buyer that is reasonable, having regard to the nature of the goods and the other circumstances of the case.
(3) If the seller omits to do so and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself or herself or may hold the seller responsible in damages.
(4) Unless otherwise agreed, if goods are sent by the seller to the buyer by a route involving sea transit, the seller must give notice to the buyer that will enable the buyer to insure the goods during their sea transit and, if the seller fails to do so, the goods shall be deemed to be at the seller's risk during the sea transit.