(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.
History. Acts 1961, No. 185, § 2-510; A.S.A. 1947, § 85-2-510.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
§ 4-2-501. Insurable interest in goods — Manner of identification of goods
§ 4-2-502. Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency
§ 4-2-503. Manner of seller's tender of delivery
§ 4-2-505. Seller's shipment under reservation
§ 4-2-506. Rights of financing agency
§ 4-2-507. Effect of seller's tender — Delivery on condition
§ 4-2-508. Cure by seller of improper tender or delivery — Replacement
§ 4-2-509. Risk of loss in the absence of breach
§ 4-2-510. Effect of breach on risk of loss
§ 4-2-511. Tender of payment by buyer — Payment by check
§ 4-2-512. Payment by buyer before inspection
§ 4-2-513. Buyer's right to inspection of goods
§ 4-2-514. When documents deliverable on acceptance — When on payment