Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

¹ Where the com­mis­sion agent sells goods be­low the min­im­um price in­struc­ted, he is li­able to the prin­cip­al for the dif­fer­ence un­less he can prove that such sale aver­ted dam­age that the prin­cip­al would oth­er­wise have in­curred and that he was un­able to seek the prin­cip­al’s in­struc­tions in the time avail­able.

² Fur­ther­more, where the com­mis­sion agent is at fault, he must com­pensate the prin­cip­al for any oth­er dam­age caused by the breach of con­tract.

³ Where the com­mis­sion agent buys at a lower price or sells at a high­er price than in­struc­ted by the prin­cip­al, he is not per­mit­ted to re­tain the profit but must cred­it it to the prin­cip­al.