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§12A-2-509.
§12A-2-509.
(1) Where the contract requires or authorizes the seller to ship the
goods by carrier
(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 the carrier even though the shipment is under
reservation (Section 2-505); but
(b) 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.
(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 a negotiable document of title covering the
goods; or
(b) on acknowledgment by the bailee of the buyer's right to possession
of the goods; or
(c) after his receipt of a nonnegotiable document of title or other
written direction to deliver, as provided in subsection (4) (b) of
Section 2-503.
(3) In any case not within subsection (1) or (2), 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.
(4) The provisions of this section are subject to contrary agreement
of the parties and to the provisions of this article on sale on
approval (Section 2-327) and on effect of breach on risk of loss
(Section 2-510).
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