§12A-2A-219.

§12A-2A-219.
   
                                RISK OF LOSS
                                      
   (1) Except in the case of a finance lease, risk of loss is retained by
   the lessor and does not pass to the lessee. In the case of a finance
   lease, risk of loss passes to the lessee.
   
   (2) Subject to the provisions of this article on the effect of default
   on risk of loss (Section 29 of this act), if risk of loss is to pass
   to the lessee and the time of passage is not stated, the following
   rules apply:
   
   (a) If the lease contract requires or authorizes the goods to be
   shipped by carrier:
   
   (i) and it does not require delivery at a particular destination, the
   risk of loss passes to the lessee when the goods are duly delivered to
   the carrier; but
   
   (ii) if it does require delivery 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 lessee when the goods are there duly so
   tendered as to enable the lessee to take delivery.
   
   (b) If the goods are held by a bailee to be delivered without being
   moved, the risk of loss passes to the lessee on acknowledgment by the
   bailee of the lessee's right to possession of the goods.
   
   (c) In any case not within paragraph (a) or (b) of this subsection,
   the risk of loss passes to the lessee on the lessee's receipt of the
   goods if the lessor, or, in the case of a finance lease, the supplier,
   is a merchant; otherwise the risk passes to the lessee on tender of
   delivery.