§ 4-2-510 — Effect of breach on risk of loss

(1) Where a tender or delivery of
goods so fails to conform to the contract as to give a right of rejection, the risk of
their loss remains on the seller until cure or acceptance.

(2) Where the buyer rightfully revokes acceptance he may to the extent of
any deficiency in his effective insurance coverage treat the risk of loss as having
rested on the seller from the beginning.

(3) Where the buyer as to conforming goods already identified to the
contract for sale repudiates or is otherwise in breach before risk of their loss has
passed to him, the seller may to the extent of any deficiency in his effective
insurance coverage treat the risk of loss as resting on the buyer for a commercially
reasonable time.

Legislative History

Source: L. 65: p. 1325, � 1. C.R.S. 1963: � 155-2-510.