Article 34 of the Saudi Commercial Court Law

المادة 34 من النظام التجاري نظام المحكمة التجارية · الفصل الرابع: في الدلالين المعبر عنهم بالسماسرة

The article requires a broker, where goods are sold through him by sample, to keep the sample until the day of delivery, marked so as to prevent confusion.

Official text (Arabic)

This article has not been amended since the law was issued.

إذا بيعت بضاعة بواسطة دلال على أنموذج - أي عينة معلومة - وجب عليه حفظها إلى يوم تسليم البضاعة مع التأشير عليها بما يلزم لمعرفتها بدون اشتباه.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 34 explained in plain English

This article deals with a common form in trade, sale by sample, that is, by a known sample to which it is agreed the delivered goods will conform.

If this sale is made through a broker, the broker must:

Keep the sample.
Until the day the goods are delivered.
And mark it as needed to identify it without confusion, that is, put marks or details on it that distinguish it from others.

The reason is that the sample is the reference at delivery: if the buyer claims that the goods do not conform to what was agreed, they can be compared with the preserved sample. So the text required it to be marked, so that no dispute arises over whether it is the same sample or another.

The article sets the period of keeping as until the day of delivery, and does not state the rule on loss of the sample or liability for it. It comes among the broker's duties alongside what Article 33 requires, to present his books with the necessary explanations if the court requests them. If a dispute arises over the goods' conformity with the sample, consult a lawyer who specializes in commercial cases.

Practical example

A merchant in Jeddah sold a shipment of coffee to a roastery in Riyadh through a broker, based on a small sample. The broker must keep this sample and mark it until the day the shipment is delivered, so the goods can be compared with it on receipt.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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