chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 553: Deemed to be contract for sale by sample Section 553, Sub-section (1): If a provision has been made in a contract to sell goods upon inspection of their samples directly or indirectly a contract of sale of goods is deemed to be a contract for the sale of goods upon inspecting sample. Section 553, Sub-section (2): If a contract is concluded for the sale of goods by sample, the contract shall be deemed to contain the following conditions, except as otherwise provided for in the contract: Section 553, Sub-section (2), Clause (a): The bulk of the goods shall correspond to the sample in quality, Section 553, Sub-section (2), Clause (b): The buyer shall have a reasonable opportunity of comparing the quality of the bulk of the goods with the sample, Section 553, Sub-section (2), Clause (c): The goods sold or to be sold shall be free from any defect, and such goods appear to be of satisfactory quality, apparent on comparing them with the sample. Section 554: Provisions relating to transfer of ownership of goods Section 554, Sub-section (1): If there is a contract for the sale of any specific or certain goods, the transfer of such goods shall be made as provided for in the contract, and failing such provision in the contract, the transfer shall be made according to the terms and conditions of the contract, intention of the parties, ascertained by having regard the conduct of the parties, and the relevant circumstances. Section 554, Sub-section (2): Except as otherwise provided for in the contract, if a contract is concluded for the sale of any specific goods in a deliverable state, the parties shall be deemed to have the intention of transferring them when the contract is concluded or upon payment of the price of the goods. Section 554, Sub-section (3): If a contract is concluded for the sale of any specific goods in a deliverable state and the buyer has to take measurement, weight, make examination of the goods or to perform some acts to determine the price of such goods, such goods shall not be transferred until the buyer performs such acts and gives information thereof to the buyer within a reasonable time. Section 554, Sub-section (4): Except as otherwise provided for in the contract, a contract shall be deemed to have been concluded so that the goods sold or to be sold shall be transferred in the place where such goods are situated. Section 554, Sub-section (5): Except as otherwise provided for in the contract, the buyer shall be deemed to have the title or ownership of the goods at the time of the transfer of the goods to the buyer. Section 555: To bear risks Section 555, Sub-section (1): Except as otherwise provided for in the contract, the seller shall bear the risk of any loss or damage to the goods until such goods are transferred to the buyer. National Civil Code 2074
National Civil Code 2074

Section 555, Sub-section (2): If the transfer of goods has been delayed due to the fault of either the buyer or the seller, the party who has caused such delay shall bear the risk of loss or damage under sub-section (1). Section 555, Sub-section (3): If the seller agrees to deliver the goods from the place of purchase to the place specified by the buyer, the seller shall bear the risk of any loss or damage to the goods, except as otherwise provided for in the contract. Section 556: Right of buyer to ascertain goods Section 556: If the delivery of the goods sold is tendered to the buyer, the buyer shall have a reasonable opportunity to examine and ascertain whether or not the goods conform to the contract and the buyer shall not be deemed to have been accepted the delivery of the goods until the buyer so ascertains. Section 557: Goods deemed to be accepted Section 557: The buyer shall be deemed to have accepted the goods in any of the following circumstances: Section 557, Clause (a): If the buyer or his or her agent receives the goods, Section 557, Clause (b): If a receipt or slip is issued having acknowledged the delivery of the goods, Section 557, Clause (c): If the buyer stores the goods having ascertained, pursuant to Section 556, that the goods conform to the contract, Section 557, Clause (d): If the goods reach the buyer and the buyer does not inform the seller within reasonable time that he or she has rejected the goods and retains the goods with him or her. Section 557, Clause (e): If the buyer does any act proving that he or she has ownership in and control over such goods. Section 558: Time for delivery of goods Section 558, Sub-section (1): If the contract provides that goods have to be delivered at any specific time or within any specified period, the seller shall deliver the goods to the buyer at that time or within that period. Section 558, Sub-section (2): Notwithstanding anything contained in sub-section (1), if the buyer accepts the goods delivered by the seller before or after the time or period specified in the contract, the seller shall be deemed to have delivered the goods. Section 559: Documents concerning sold goods to be handed over Section 559: Except as otherwise provided for in the contract, the goods are delivered but such basic documents as are related to the ownership of the goods or required for their use are not handed over, the ownership of the goods shall not be deemed to have been transferred. Section 560: Not to deliver of goods in quantity different from quantity Section 560: specified in contract: (1) If the seller delivers to the buyer a quantity of goods less than the quantity specified in the contract, the buyer may reject the goods. National Civil Code 2074
National Civil Code 2074

Provided that if the buyer accepts the goods even in such quantity, the buyer shall pay the price of that quantity at the rate specified in the contract. Section 560, Sub-section (2): If the seller delivers to the buyer a quantity of goods larger than the quantity specified in the contract, the buyer may accept the goods only in the quantity specified in the contract, and reject the rest or the whole quantity of goods. Provided that if the buyer accepts the whole quantity of goods so delivered, the buyer shall pay for the whole at the rate specified in the contract. Section 560, Sub-section (3): If the seller delivers to the buyer the goods mixed with goods of a description different than specified in the contract, the buyer may accept the goods specified in the contract and reject the rest or the goods in whole. Section 560, Sub-section (4): Except as otherwise provided for in the contract, the buyer shall not be bound to accept the delivery of goods in installments. Section 560, Sub-section (5): Except as otherwise provided for in the contract, if the buyer rejects the goods tendered by the seller for delivery, the buyer shall not be bound to return them to the seller. Provided that the buyer shall give a notice of rejection, along with the reason for the same, to the seller through fastest means of communication. Section 561: Special provisions relating to compensation Section 561: Notwithstanding anything contained elsewhere in this Part, the following provisions shall apply to compensation for a contract under this Chapter: Section 561, Clause (a): If the buyer does not accept or rejects the goods or refuses to pay the price of the goods after the making of a contract of the sale of goods, the seller may, subject to the contract, claim compensation from the buyer in consideration of the buyer's failure to accept or refusal to accept the goods, Section 561, Clause (b): While determining compensation under clause (a), if the goods which the buyer has not accepted or has refused to accept are available in the market, compensation shall be determined on the basis of the difference between the price of the goods specified in the contract and the market or prevalent price of the goods, Section 561, Clause (c): If the seller does not deliver or refuses to deliver the goods according to the contract for the sale of goods, the buyer may claim compensation from the seller for his or her failure to deliver the goods, Section 561, Clause (d): While determining compensation under clause (c), if the goods which the seller has refused or failed to deliver to the buyer are available in the market, compensation shall be determined on the basis of difference between the price of the goods specified in the contract and the market or prevalent price of the goods. National Civil Code 2074
National Civil Code 2074

Section 562: Statute of limitation Section 562: A person who is aggrieved from any act done or action taken under this Chapter may make a lawsuit within two years after the date of the accrual of the cause of action. Section 563: Contract of guarantee deemed to be made Section 563, Sub-section (1): If a contract is concluded under which a third party undertakes to repay the loan borrowed by or discharge the liability promised by a person in case of that person's default, a contract of guarantee shall be deemed to be concluded. Section 563, Sub-section (2): If a third party gives the guarantee pursuant to sub- section (1) and the person bound to repay the loan or discharge the liability fails to repay or discharge such loan or liability, the person giving the guarantee (the surety) to such loan or liability shall repay the loan or discharge the liability according to the terms and conditions of the contract. Section 563, Sub-section (3): The terms and conditions of guarantee shall be as determined in the contract. Section 563, Sub-section (4): A contract of guarantee shall be made in written form. Section 564: Surety's obligation Section 564, Sub-section (1): Except as otherwise provided for in the contract, the surety's obligation shall be as follows: Section 564, Sub-section (1), Clause (a): Obligation of the surety shall arise at the time when the debtor fails to discharge the obligation to be discharged by him or her. Section 564, Sub-section (1), Clause (b): Obligation of the surety shall be the same as the obligation of the debtor who has to repay the loan or discharge the obligation, and the surety shall remain liable until the debtor becomes free from the obligation to repay or discharge. Section 564, Sub-section (1), Clause (c): Obligation of the surety shall not be discharged merely because the principal debtor becomes free from the obligation by operation of law. Section 564, Sub-section (2): Notwithstanding anything contained in sub-section (1), if both security and guarantee have been given for any loan or obligation, the surety shall not be liable to the extent covered by the security so provided. Section 564, Sub-section (3): A contract of guarantee shall be effective immediately when the principal debtor breaches the obligation of repayment or discharging liability to the creditor, and the creditor may cause the surety to discharge such liability. Explanation: For the purposes of this Part, the term “creditor” means a person who has lent a loan, and also includes a person who is entitled to obtain any benefit from, or have any act done, by the person who is bound to repay the loan or discharge the liability. National Civil Code 2074
National Civil Code 2074

Section 564, Sub-section (4): Notwithstanding anything contained in sub-section (3), the creditor shall give a notice to the principal debtor to perform the contract according to its terms and conditions before claiming the surety under the contract of guarantee for the repayment of the amount not paid or discharge of the liability not discharged according to the contract. Section 565: When surety is in discharge from obligation Section 565, Sub-section (1): Except as otherwise provided for in the contract, the surety shall be in discharge of his or her obligation to the following extent, in any of the following circumstances: Section 565, Sub-section (1), Clause (a): If the principal debtor so alters the terms and conditions of the contract without the surety's consent as to have substantial impact on the contract, in respect of the transactions subsequent to the alteration, Section 565, Sub-section (1), Clause (b): If a contract is concluded to discharge the principal debtor from the obligation for which the guarantee was given, Section 565, Sub-section (1), Clause (c): If the principal debtor is discharged from the obligation by an act or action of the creditor or the loan is written off, Section 565, Sub-section (1), Clause (d): If the creditor agrees to discharge the debtor from the liability by recovering a sum less than that is due or to give additional time for repaying the loan or not to institute a lawsuit, Section 565, Sub-section (1), Clause (e): If any act or action by the creditor causes an adverse impact to the surety's right to legal remedy against the principal debtor, Section 565, Sub-section (1), Clause (f): If the creditor loses, damages any security obtained by him or her from the principal debtor or returns it to the principal debtor, to the extent of the value of such security, Section 565, Sub-section (1), Clause (g): To the extent to which the principal debtor has repaid the loan or discharged the obligation to the creditor according to the contract. Section 565, Sub-section (2): Notwithstanding anything contained in sub-section (1), the surety shall not be deemed to be in discharge of obligation, except as otherwise provided in the contract, merely because the creditor fails to institute legal action against the surety or attempt to recover the amount to be recovered by him or her in time. Section 565, Sub-section (3): If there are two or more sureties and the creditor discharges one co-surety from obligation, the other co-sureties shall not be discharged from their respective part of obligation. Section 565, Sub-section (4): Notwithstanding anything contained in sub-section (3), if the part of the co-sureties' obligation cannot be separated, no co- surety shall be deemed to be in discharge of his or her obligation even though the creditor has discharged him or her from the obligation. National Civil Code 2074
National Civil Code 2074

Section 565, Sub-section (5): Except as otherwise provided for in the contract, the surety shall not be in discharge of obligation under the contract of guarantee merely because there arises a dispute between the parties in relation to the contract creating the obligation for the discharge of which the contract of guarantee is made. Section 566: Relation between the surety and the principal debtor Section 566, Sub-section (1): The surety shall cause the principal debtor to repay the loan or discharge the obligation according to the contract. Section 566, Sub-section (2): If the principal debtor has given any property or security to the surety for the guarantee given by him or her while borrowing a loan or promising the obligation, the surety shall not pledge, mortgage, sell or otherwise transfer the title to such property or security without the consent of the principal debtor. Section 566, Sub-section (3): If a guarantee is given for any loan or obligation borrowed or promised for any specific purpose, the object, nature or terms and conditions of that loan or obligation shall not be altered without the consent of the surety. Section 566, Sub-section (4): Notwithstanding anything contained elsewhere in this Section, if the contract otherwise provides in relation to the surety and the principal debtor, such provision shall be applicable. Section 567: Surety to substitute creditor Section 567, Sub-section (1): After the surety has, on behalf of the principal debtor, repaid the loan to be repaid or discharged the obligation to be discharged to the creditor under the contract, the surety shall substitute the creditor in relation to such loan or obligation, and, as the creditor, be entitled to recover the loan from, or institute legal action against, the principal debtor. Section 567, Sub-section (2): Notwithstanding anything contained elsewhere in this Chapter, the principal debtor shall pay to the surety the sum of loan repaid by the surety or all amounts in consideration for the obligation performed by the surety on behalf of the principal debtor, as well as interest or any other fee or amount chargeable thereon. Section 567, Sub-section (3): If it becomes necessary to institute legal action because of the default of the principal debtor to pay the amount payable by him or her under sub-section (2) or if any other expenses need to be incurred in this regard, the surety shall be entitled to recover also such expenses from the principal debtor. National Civil Code 2074
National Civil Code 2074

Section 568: When contract of guarantee can be voided Section 568: In any of the following circumstances, the surety may have the contract of guarantee voided: Section 568, Clause (a): If the guarantee is obtained by the creditor or by any other person with his or her consent by supplying misleading or false notice or information to the surety about the matter of the transaction for which the guarantee is given, Section 568, Clause (b): If the matter of guarantee, property or fact is concealed or not disclosed, Section 568, Clause (c): If the contract is concluded on the condition that a third person will also become the surety but the third person does not consent to give the guarantee. Section 569: Obligation of sureties to be equal Section 569, Sub-section (1): If two or more persons give the guarantee jointly or severally for any loan or obligation and the principal debtor fails to repay the loan or discharge the obligation, the co-sureties shall repay the loan or discharge the obligation or perform the contract on an equal basis, except as otherwise provided for in the contract. Section 569, Sub-section (2): If, while giving the guarantee jointly pursuant to sub- section (1), the co-sureties guarantee different parts, every surety shall be liable to pay or bear the obligation only to the extent of the respective part guaranteed by him or her. Section 570: Continuous guarantee Section 570, Sub-section (1): A guarantee which is so given as to extend to a series of transactions shall be deemed to be a continuous guarantee. Section 570, Sub-section (2): If the provision of a guarantee referred to in sub- section (1) is made, the surety shall be liable to the extent of the amount of guarantee that could not be recovered in the entire period of the contract of guarantee irrespective of the number of transactions made thereunder. Section 570, Sub-section (3): The surety may, by giving a notice to the creditor at least three months in advance, revoke the continuous guarantee as to the future transactions. Section 570, Sub-section (4): Except as otherwise provided for in the contract, if the surety dies, the continuous guarantee shall be deemed to be ipso facto revoked. Section 571: Contract of indemnity deemed to be concluded Section 571, Sub-section (1): If a contract is concluded by which one party to the contract promises to save the other from loss or damage caused to him or her by the conduct of the promisor himself or herself or by the conduct of any other person working under the direction of such a party or loss or damage caused to such a party or third party by his or her conduct, the contract shall deemed to be a contract of indemnity. National Civil Code 2074
National Civil Code 2074

Section 571, Sub-section (2): If a contract referred to in sub-section (1) is concluded, the indemnity holder shall be entitled to recover as compensation all or any of the following amounts, subject to that contract: Section 571, Sub-section (2), Clause (a): The amount of indemnity specified in the contract, Section 571, Sub-section (2), Clause (b): If any loss or damage is caused to a third person, the amount to be paid to or borne therefor, Section 571, Sub-section (2), Clause (c): All costs paid in any suit, if any, filed or defended by him or her in connection with the contract of indemnity, Section 571, Sub-section (2), Clause (d): The costs involved in any suit compelled to be made due to failure to pay the amounts referred to in clause Section 571, Sub-section (2), Clause (a): , (b) or (c). Section 571, Sub-section (3): Notwithstanding anything contained in sub-section (2), if the other party or third party suffers any loss or damage due to any act done by any person under the direction of such a party when such an act is done knowingly or recklessly by that person, with the intention of causing such loss or damage, such a person shall personally be liable for such loss or damage. Section 572: Provisions relating to subrogation Section 572, Sub-section (1): If any person concludes a contract with another person against any possible loss or damage that could be caused by a third person to his or her property, facility or right enjoyed by him or her or benefit that could result from his or her business, the person concluding such a contract shall be liable for such loss or damage irrespective of the person causing such loss or damage. Provided that if a contract is concluded to recover such loss or damage from any other person, it shall be recovered from such other person. Section 572, Sub-section (2): The amount or compensation, if any, specified in the contract for any loss or damage suffered pursuant to sub-section (1) and a reasonable amount or compensation, failing such specification, shall be paid, or caused to be paid, immediately to the person affected by the loss or damage or to his or her successor if he or she is dead. Section 572, Sub-section (3): If any loss or damage is suffered pursuant to sub- section (1), the person paying the amount or compensation referred to in sub-section (2) shall be deemed to have subrogated the person who has sustained such loss or damage, and accordingly, the subrogator shall be entitled to the recovery of the amount or compensation for such loss or damage from the person causing such loss or damage. National Civil Code 2074