Where this Article allocates a risk or a burden as between the parties “unless otherwise agreed”, the agreement may not only shift the allocation but may also divide the risk or burden.
Structure Delaware Code
Part 3. General Obligation and Construction of Contract
§ 2-301. General obligations of parties.
§ 2-302. Unconscionable contract or clause.
§ 2-303. Allocation or division of risks.
§ 2-304. Price payable in money, goods, realty, or otherwise.
§ 2-306. Output, requirements and exclusive dealings.
§ 2-307. Delivery in single lot or several lots.
§ 2-308. Absence of specified place for delivery.
§ 2-309. Absence of specific time provisions; notice of termination.
§ 2-310. Open time for payment or running of credit; authority to ship under reservation.
§ 2-311. Options and cooperation respecting performance.
§ 2-312. Warranty of title and against infringement; buyer's obligation against infringement.
§ 2-313. Express warranties by affirmation, promise, description, sample.
§ 2-314. Implied warranty; merchantability; usage of trade.
§ 2-315. Implied warranty; fitness for particular purpose.
§ 2-316. Exclusion or modification of warranties.
§ 2-317. Cumulation and conflict of warranties express or implied.
§ 2-318. Third party beneficiaries of warranties express or implied.
§ 2-319. F.O.B. and F.A.S. terms.
§ 2-320. C.I.F. and C. & F. terms.
§ 2-323. Form of bill of lading required in overseas shipment; “overseas.”
§ 2-324. “No arrival, no sale” term.
§ 2-325. “Letter of credit” term; “confirmed credit.”
§ 2-326. Sale on approval and sale or return; rights of creditors.
§ 2-327. Special incidents of sale on approval and sale or return.