400.2-509. Risk of loss in the absence of breach. - Missouri Statutes

Risk of loss in the absence of breach.

400.2-509. (1) Where the contract requires or authorizes theseller to ship the goods by carrier

(a) if he does not require him to deliver them at aparticular destination, the risk of loss passes to the buyer whenthe goods are duly delivered to the carrier even though theshipment is under reservation (section 400.2-505); but

(b) if it does require him to deliver them at a particulardestination and the goods are there duly tendered while in thepossession of the carrier, the risk of loss passes to the buyerwhen the goods are there duly so tendered as to enable the buyerto take delivery.

(2) Where the goods are held by a bailee to be deliveredwithout being moved, the risk of loss passes to the buyer

(a) on his receipt of a negotiable document of titlecovering the goods; or

(b) on acknowledgment by the bailee of the buyer's right topossession of the goods; or

(c) after his receipt of a nonnegotiable document of titleor other written direction to deliver, as provided in subsection(4)(b) of section 400.2-503.

(3) In any case not within subsection (1) or (2), the riskof loss passes to the buyer on his receipt of the goods if theseller is a merchant; otherwise the risk passes to the buyer ontender of delivery.

(4) The provisions of this section are subject to contraryagreement of the parties and to the provisions of this article onsale on approval (section 400.2-327) and on effect of breach onrisk of loss (section 400.2-510).

(L. 1963 p. 503 § 2-509)