§ 6A-2-509 - Risk of loss in the absence of breach.
SECTION 6A-2-509
§ 6A-2-509 Risk of loss in the absence ofbreach. – (1) Where the contract requires or authorizes the seller to ship the goods bycarrier,
(a) If it does not require him or her to deliver them at aparticular destination, the risk of loss passes to the buyer when the goods areduly delivered to the carrier even though the shipment is under reservation(§ 6A-2-505); but
(b) If it does require him or her to deliver them at aparticular destination and the goods are there duly tendered while in thepossession of the carrier, the risk of loss passes to the buyer when the goodsare there duly so tendered as to enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be deliveredwithout being moved, the risk of loss passes to the buyer:
(a) On his or her receipt of a negotiable document of titlecovering the goods; or
(b) On acknowledgment by the bailee of the buyer's right topossession of the goods; or
(c) After his or her receipt of possession or control of anonnegotiable document of title or other direction to deliver in a record, asprovided in § 6A-2-503(4)(b).
(3) In any case not within subsection (1) or (2), the risk ofloss passes to the buyer on his or her receipt of the goods if the seller is amerchant; otherwise the risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject to contraryagreement of the parties and to the provisions of this chapter on sale onapproval (§ 6A-2-327) and on effect of breach on risk of loss (§6A-2-510).