§ 2-509 — Risk of Loss in the Absence of Breach

New York § 2-509

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 5: Performance
• Art. 2: Sales

Text

Section 2--509. Risk of Loss in the Absence of Breach.\n (1) Where the contract requires or authorizes the seller to ship the\ngoods by carrier\n (a) if it does not require him to deliver them at a particular\n destination, the risk of loss passes to the buyer when the\n goods are duly delivered to the carrier even though the\n shipment is under reservation (Section 2--505); but\n (b) if it does require him to deliver them at a particular\n destination and the goods are there duly tendered while in\n the possession of the carrier, the risk of loss passes to the\n buyer when the goods are there duly so tendered as to enable\n the buyer to take delivery.\n (2) Where the goods are held by a bailee to be delivered without being\nmoved, the risk of loss passes to the buyer\n (a) on his receipt of possession or control of a negotiable\n document of title covering the goods; or\n (b) on acknowledgment by the bailee of the buyer's right to\n possession of the goods; or\n (c) after his receipt of possession or control of a\n non-negotiable document of title or other direction to\n deliver in a record, as provided in subsection (4) (b) of\n Section 2--503.\n (3) In any case not within subsection (1) or (2), the risk of loss\npasses to the buyer on his receipt of the goods if the seller is a\nmerchant; otherwise the risk passes to the buyer on tender of delivery.\n (4) The provisions of this section are subject to contrary agreement\nof the parties and to the provisions of this Article on sale on approval\n(Section 2--327) and on effect of breach on risk of loss (Section\n2--510).\n