§ 26-1-2-509 — Risk of loss in the absence of breach

(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 (IC 26-1-2-505); 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 possession or control 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 possession or control of a nonnegotiable
document of title or other direction to deliver in a record, as
provided in IC 26-1-2-503(4)(b).
(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 IC 26-1-2-327 on sale on
approval and IC 26-1-2-510 on effect of breach on risk of loss.
Formerly: Acts 1963, c.317, s.2-509. As amended by
P.L.152-1986, SEC.147; P.L.143-2007, SEC.16.