§ 2613. 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 2324) then:
(1) if the loss is total the contract is avoided; and
(2) 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.
Cross References. Section 2613 is referred to in section 2324 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 26 - Breach, Repudiation and Excuse
Section 2601 - Rights of buyer on improper delivery
Section 2602 - Manner and effect of rightful rejection
Section 2603 - Duties of merchant buyer as to rightfully rejected goods
Section 2604 - Options of buyer as to salvage of rightfully rejected goods
Section 2605 - Waiver of objections of buyer by failure to particularize
Section 2606 - What constitutes acceptance of goods
Section 2608 - Revocation of acceptance in whole or in part
Section 2609 - Right to adequate assurance of performance
Section 2610 - Anticipatory repudiation
Section 2611 - Retraction of anticipatory repudiation
Section 2612 - "Installment contract"; breach
Section 2613 - Casualty to identified goods
Section 2614 - Substituted performance