84-2-613. Casualty to identified goods. Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a "no arrival, no sale" term (section 84-2-324) then
(a) if the loss is total the contract is avoided; and
(b) if the loss is partial or the goods have so deteriorated as no longer to conform to the contract the buyer may nevertheless demand inspection and at his option either treat the contract as avoided or accept the goods with due allowance from the contract price for the deterioration or the deficiency in quantity but without further right against the seller.
History: L. 1965, ch. 564, ยง 93; Jan. 1, 1966.
Structure Kansas Statutes
Chapter 84 - Uniform Commercial Code
84-2-102 Scope; certain security and other transactions excluded from this article.
84-2-103 Definitions and index of definitions.
84-2-104 Definitions: "Merchant"; "between merchants"; "financing agency."
84-2-105 Definitions: Transferability; "goods"; "future" goods; "lot"; "commercial unit".
84-2-107 Goods to be severed from realty: Recording.
84-2-201 Formal requirements; statute of frauds.
84-2-202 Final written expression: Parol or extrinsic evidence.
84-2-204 Formation in general.
84-2-206 Offer and acceptance in formation of contract.
84-2-207 Additional terms in acceptance or confirmation.
84-2-209 Modification, rescission and waiver.
84-2-210 Delegation of performance; assignment of rights.
84-2-301 General obligations of parties.
84-2-302 Unconscionable contract or clause.
84-2-303 Allocation or division of risks.
84-2-304 Price payable in money, goods, realty, or otherwise.
84-2-306 Output, requirements and exclusive dealings.
84-2-307 Delivery in single lot or several lots.
84-2-308 Absence of specified place for delivery.
84-2-309 Absence of specific time provisions; notice of termination.
84-2-310 Open time for payment or running of credit; authority to ship under reservation.
84-2-311 Options and cooperation respecting performance.
84-2-312 Warranty of title and against infringement; buyer's obligation against infringement.
84-2-313 Express warranties by affirmation, promise, description, sample.
84-2-314 Implied warranty: Merchantability; usage of trade.
84-2-315 Implied warranty: Fitness for particular purpose.
84-2-316 Exclusion or modification of warranties.
84-2-317 Cumulation and conflict of warranties express or implied.
84-2-318 Third party beneficiaries of warranties express or implied.
84-2-319 F.O.B. and F.A.S. terms.
84-2-320 C.I.F. and C.&F. terms.
84-2-323 Form of bill of lading required in overseas shipment; "overseas."
84-2-324 "No arrival, no sale" term.
84-2-325 "Letter of credit" term; "confirmed credit".
84-2-326 Sale on approval and sale or return; rights of creditors.
84-2-327 Special incidents of sale on approval and sale or return.
84-2-401 Passing of title; reservation for security; limited application of this section.
84-2-402 Rights of seller's creditors against sold goods.
84-2-403 Power to transfer; good faith purchase of goods; "entrusting".
84-2-501 Insurable interest in goods; manner of identification of goods.
84-2-502 Buyer's right to goods on seller's repudiation, failure to deliver or insolvency.
84-2-503 Manner of seller's tender of delivery.
84-2-505 Seller's shipment under reservation.
84-2-506 Rights of financing agency.
84-2-507 Effect of seller's tender; delivery on condition.
84-2-508 Cure by seller of improper tender or delivery; replacement.
84-2-509 Risk of loss in the absence of breach.
84-2-510 Effect of breach on risk of loss.
84-2-511 Tender of payment by buyer; payment by check.
84-2-512 Payment by buyer before inspection.
84-2-513 Buyer's right to inspection of goods.
84-2-514 When documents deliverable on acceptance; when on payment.
84-2-515 Preserving evidence of goods in dispute.
84-2-601 Buyer's rights on improper delivery.
84-2-602 Manner and effect of rightful rejection.
84-2-603 Merchant buyer's duties as to rightfully rejected goods.
84-2-604 Buyer's options as to salvage of rightfully rejected goods.
84-2-605 Waiver of buyer's objections by failure to particularize.
84-2-606 What constitutes acceptance of goods.
84-2-608 Revocation of acceptance in whole or in part.
84-2-609 Right to adequate assurance of performance.
84-2-610 Anticipatory repudiation.
84-2-611 Retraction of anticipatory repudiation.
84-2-612 "Installment contract"; breach.
84-2-613 Casualty to identified goods.
84-2-614 Substituted performance.
84-2-615 Excuse by failure of presupposed conditions.
84-2-616 Procedure on notice claiming excuse.
84-2-701 Remedies for breach of collateral contracts not impaired.
84-2-702 Seller's remedies on discovery of buyer's insolvency.
84-2-703 Seller's remedies in general.
84-2-705 Seller's stoppage of delivery in transit or otherwise.
84-2-706 Seller's resale including contract for resale.
84-2-707 "Person in the position of a seller".
84-2-708 Seller's damages for nonacceptance or repudiation.
84-2-709 Action for the price.
84-2-710 Seller's incidental damages.
84-2-711 Buyer's remedies in general; buyer's security interest in rejected goods.
84-2-712 "Cover"; buyer's procurement of substitute goods.
84-2-713 Buyer's damages for nondelivery or repudiation.
84-2-714 Buyer's damages for breach in regard to accepted goods.
84-2-715 Buyer's incidental and consequential damages.
84-2-716 Buyer's right to specific performance or replevin.
84-2-717 Deduction of damages from the price.
84-2-718 Liquidation or limitation of damages; deposits.
84-2-719 Contractual modification or limitation of remedy.
84-2-720 Effect of "cancellation" or "rescission" on claims for antecedent breach.
84-2-722 Who can sue third parties for injury to goods.
84-2-723 Proof of market price: Time and place.