47-2509

47-2509. Risk of loss in the absence of
breach

A. Where the contract requires or authorizes the seller to ship the goods by
carrier:

1. If it does not require him to deliver them at a particular destination, the risk
of loss passes to the buyer when the goods are duly delivered to the carrier even though
the shipment is under reservation (section 47-2505); but

2. If it does require him to deliver them at a particular destination and the goods
are there duly tendered while in the possession of the carrier, the risk of loss passes
to the buyer when the goods are there duly so tendered as to enable the buyer to take
delivery.

B. Where the goods are held by a bailee to be delivered without being moved, the
risk of loss passes to the buyer:

1. On his receipt of possession or control of a negotiable document of title
covering the goods; or

2. On acknowledgment by the bailee of the buyer's right to possession of the goods;
or

3. After his receipt of possession or control of a nonnegotiable document of title
or other direction to deliver in a record, as provided in paragraph 2, subsection D of
section 47-2503.

C. In any case not within subsection A or B of this section, the risk of loss
passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise
the risk passes to the buyer on tender of delivery.

D. The provisions of this section are subject to contrary agreement of the parties
and to the provisions of this chapter on sale on approval (section 47-2327) and on effect
of breach on risk of loss (section 47-2510).