(1) Where the contract requires or authorizes the seller to ship the goods bycarrier:
(a) 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 thecarrier even though the shipment is under reservation (§ 8.2-505); but
(b) if it does require him to deliver them at a particular destination andthe goods are there duly tendered while in the possession of the carrier, therisk of loss passes to the buyer when the goods are there duly so tendered asto enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered without being moved,the risk of loss passes to the buyer:
(a) on his receipt of possession or control of a negotiable document of titlecovering the goods; or
(b) on acknowledgement by the bailee of the buyer's right to possession ofthe goods; or
(c) after his receipt of possession or control of a nonnegotiable document oftitle or other direction to deliver in a record, as provided in subsection(4) (b) of § 8.2-503.
(3) In any case not within subsection (1) or (2), the risk of loss passes tothe buyer on his receipt of the goods if the seller is a merchant; otherwisethe risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject to contrary agreement of theparties and to the provisions of this title on sale on approval (§ 8.2-327)and on effect of breach on risk of loss (§ 8.2-510).
(1) Where the contract requires or authorizes the seller to ship the goods bycarrier:
(a) 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 thecarrier even though the shipment is under reservation (§ 8.2-505); but
(b) if it does require him to deliver them at a particular destination andthe goods are there duly tendered while in the possession of the carrier, therisk of loss passes to the buyer when the goods are there duly so tendered asto enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered without being moved,the risk of loss passes to the buyer:
(a) on his receipt of possession or control of a negotiable document of titlecovering the goods; or
(b) on acknowledgement by the bailee of the buyer's right to possession ofthe goods; or
(c) after his receipt of possession or control of a nonnegotiable document oftitle or other direction to deliver in a record, as provided in subsection(4) (b) of § 8.2-503.
(3) In any case not within subsection (1) or (2), the risk of loss passes tothe buyer on his receipt of the goods if the seller is a merchant; otherwisethe risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject to contrary agreement of theparties and to the provisions of this title on sale on approval (§ 8.2-327)and on effect of breach on risk of loss (§ 8.2-510).
(1) Where the contract requires or authorizes the seller to ship the goods bycarrier:
(a) 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 thecarrier even though the shipment is under reservation (§ 8.2-505); but
(b) if it does require him to deliver them at a particular destination andthe goods are there duly tendered while in the possession of the carrier, therisk of loss passes to the buyer when the goods are there duly so tendered asto enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered without being moved,the risk of loss passes to the buyer:
(a) on his receipt of possession or control of a negotiable document of titlecovering the goods; or
(b) on acknowledgement by the bailee of the buyer's right to possession ofthe goods; or
(c) after his receipt of possession or control of a nonnegotiable document oftitle or other direction to deliver in a record, as provided in subsection(4) (b) of § 8.2-503.
(3) In any case not within subsection (1) or (2), the risk of loss passes tothe buyer on his receipt of the goods if the seller is a merchant; otherwisethe risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject to contrary agreement of theparties and to the provisions of this title on sale on approval (§ 8.2-327)and on effect of breach on risk of loss (§ 8.2-510).
