Section 62 of SOGA : Section 62: Exclusion Of Implied Terms And Conditions

Explanation using Example

Imagine John is buying 100 custom-made chairs from Maria's Furniture Inc. The standard practice in the furniture industry is that the risk of loss passes to the buyer once the goods are delivered. However, John is concerned about potential damage during delivery. Before finalizing the sale, John and Maria agree that Maria's Furniture Inc. will be responsible for any damage to the chairs until they are safely delivered and installed in John's business premises. This agreement is put in writing, varying the usual implication of law that the risk would pass to John upon delivery. This is an example of Section 62 of The Sale of Goods Act, where the typical duty is altered by their express agreement.