Revised Code of Washington
Chapter 62A.2 - Sales.
62A.2-509 - Risk of loss in the absence of breach.

RCW 62A.2-509
Risk of loss in the absence of breach.

(1) Where the contract requires or authorizes the seller to ship the goods by carrier:
(a) If it does not require him or her to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (RCW 62A.2-505); but
(b) If it does require him or her to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer:
(a) On his or her receipt of possession or control of a negotiable document of title covering the goods; or
(b) On acknowledgment by the bailee of the buyer's right to possession of the goods; or
(c) After his or her receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in RCW 62A.2-503(4)(b).
(3) In any case not within subsection (1) or (2) of this section, the risk of loss passes to the buyer on his or her receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this Article on sale on approval (RCW 62A.2-327) and on effect of breach on risk of loss (RCW 62A.2-510).

[ 2012 c 214 § 810; 1965 ex.s. c 157 § 2-509. Cf. former RCW sections: (i) RCW 63.04.200; 1925 ex.s. c 142 § 19; RRS § 5836-19. (ii) RCW 63.04.230; 1925 ex.s. c 142 § 22; RRS § 5836-22.]
NOTES:

Application—Savings—2012 c 214: See notes following RCW 62A.1-101.

Structure Revised Code of Washington

Revised Code of Washington

Title 62A - Uniform Commercial Code

Chapter 62A.2 - Sales.

62A.2-101 - Short title.

62A.2-102 - Scope; certain security and other transactions excluded from this Article.

62A.2-103 - Definitions and index of definitions.

62A.2-104 - Definitions: "Merchant"; "between merchants"; "financing agency".

62A.2-105 - Definitions: Transferability; "goods"; "future" goods; "lot"; "commercial unit".

62A.2-106 - Definitions: "Contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation".

62A.2-107 - Goods to be severed from realty: Recording.

62A.2-201 - Formal requirements; statute of frauds.

62A.2-202 - Final written expression: Parol or extrinsic evidence.

62A.2-203 - Seals inoperative.

62A.2-204 - Formation in general.

62A.2-205 - Firm offers.

62A.2-206 - Offer and acceptance in formation of contract.

62A.2-207 - Additional terms in acceptance or confirmation.

62A.2-209 - Modification, rescission and waiver.

62A.2-210 - Delegation of performance; assignment of rights.

62A.2-301 - General obligations of parties.

62A.2-302 - Unconscionable contract or clause.

62A.2-303 - Allocation or division of risks.

62A.2-304 - Price payable in money, goods, realty, or otherwise.

62A.2-305 - Open price term.

62A.2-306 - Output, requirements and exclusive dealings.

62A.2-307 - Delivery in single lot or several lots.

62A.2-308 - Absence of specified place for delivery.

62A.2-309 - Absence of specific time provisions; notice of termination.

62A.2-310 - Open time for payment or running of credit; authority to ship under reservation.

62A.2-311 - Options and cooperation respecting performance.

62A.2-312 - Warranty of title and against infringement; buyer's obligation against infringement.

62A.2-313 - Express warranties by affirmation, promise, description, sample.

62A.2-314 - Implied warranty: Merchantability; usage of trade.

62A.2-315 - Implied warranty: Fitness for particular purpose.

62A.2-316 - Exclusion or modification of warranties.

62A.2-317 - Cumulation and conflict of warranties express or implied.

62A.2-318 - Third-party beneficiaries of warranties express or implied.

62A.2-319 - F.O.B. and F.A.S. terms.

62A.2-320 - C.I.F. and C.&F. terms.

62A.2-321 - C.I.F. or C.&F.: "Net landed weights"; "payment on arrival"; warranty of condition on arrival.

62A.2-322 - Delivery "ex-ship".

62A.2-323 - Form of bill of lading required in overseas shipment; "overseas".

62A.2-324 - "No arrival, no sale" term.

62A.2-325 - "Letter of credit" term; "confirmed credit".

62A.2-326 - Sale on approval and sale or return; rights of creditors.

62A.2-327 - Special incidents of sale on approval and sale or return.

62A.2-328 - Sale by auction.

62A.2-401 - Passing of title; reservation for security; limited application of this section.

62A.2-402 - Rights of seller's creditors against sold goods.

62A.2-403 - Power to transfer; good faith purchase of goods; "entrusting".

62A.2-501 - Insurable interest in goods; manner of identification of goods.

62A.2-502 - Buyer's right to goods on seller's insolvency.

62A.2-503 - Manner of seller's tender of delivery.

62A.2-504 - Shipment by seller.

62A.2-505 - Seller's shipment under reservation.

62A.2-506 - Rights of financing agency.

62A.2-507 - Effect of seller's tender; delivery on condition.

62A.2-508 - Cure by seller of improper tender or delivery; replacement.

62A.2-509 - Risk of loss in the absence of breach.

62A.2-510 - Effect of breach on risk of loss.

62A.2-511 - Tender of payment by buyer; payment by check.

62A.2-512 - Payment by buyer before inspection.

62A.2-513 - Buyer's right to inspection of goods.

62A.2-514 - When documents deliverable on acceptance; when on payment.

62A.2-515 - Preserving evidence of goods in dispute.

62A.2-601 - Buyer's rights on improper delivery.

62A.2-602 - Manner and effect of rightful rejection.

62A.2-603 - Merchant buyer's duties as to rightfully rejected goods.

62A.2-604 - Buyer's options as to salvage of rightfully rejected goods.

62A.2-605 - Waiver of buyer's objections by failure to particularize.

62A.2-606 - What constitutes acceptance of goods.

62A.2-607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.

62A.2-608 - Revocation of acceptance in whole or in part.

62A.2-609 - Right to adequate assurance of performance.

62A.2-610 - Anticipatory repudiation.

62A.2-611 - Retraction of anticipatory repudiation.

62A.2-612 - "Installment contract"; breach.

62A.2-613 - Casualty to identified goods.

62A.2-614 - Substituted performance.

62A.2-615 - Excuse by failure of presupposed conditions.

62A.2-616 - Procedure on notice claiming excuse.

62A.2-701 - Remedies for breach of collateral contracts not impaired.

62A.2-702 - Seller's remedies on discovery of buyer's insolvency.

62A.2-703 - Seller's remedies in general.

62A.2-704 - Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

62A.2-705 - Seller's stoppage of delivery in transit or otherwise.

62A.2-706 - Seller's resale including contract for resale.

62A.2-707 - "Person in the position of a seller".

62A.2-708 - Seller's damages for non-acceptance or repudiation.

62A.2-709 - Action for the price.

62A.2-710 - Seller's incidental damages.

62A.2-711 - Buyer's remedies in general; buyer's security interest in rejected goods.

62A.2-712 - "Cover"; buyer's procurement of substitute goods.

62A.2-713 - Buyer's damages for non-delivery or repudiation.

62A.2-714 - Buyer's damages for breach in regard to accepted goods.

62A.2-715 - Buyer's incidental and consequential damages.

62A.2-716 - Buyer's right to specific performance or replevin.

62A.2-717 - Deduction of damages from the price.

62A.2-718 - Liquidation or limitation of damages; deposits.

62A.2-719 - Contractual modification or limitation of remedy.

62A.2-720 - Effect of "cancellation" or "rescission" on claims for antecedent breach.

62A.2-721 - Remedies for fraud.

62A.2-722 - Who can sue third parties for injury to goods.

62A.2-723 - Proof of market price: Time and place.

62A.2-724 - Admissibility of market quotations.

62A.2-725 - Statute of limitations in contracts for sale.