§ 6A-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 (§ 6A-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 § 6A-2-503(4)(b).
(3) In any case not within subsection (1) or (2), 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 chapter on sale on approval (§ 6A-2-327) and on effect of breach on risk of loss (§ 6A-2-510).
History of Section.P.L. 1960, ch. 147, § 1; P.L. 2006, ch. 112, § 2; P.L. 2006, ch. 135, § 2; P.L. 2014, ch. 528, § 43; P.L. 2021, ch. 381, § 2, effective July 13, 2021; P.L. 2021, ch. 382, § 2, effective July 13, 2021.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Section 6A-2-501. - Insurable interest in goods — Manner of identification of goods.
Section 6A-2-503. - Manner of seller’s tender of delivery.
Section 6A-2-504. - Shipment by seller.
Section 6A-2-505. - Seller’s shipment under reservation.
Section 6A-2-506. - Rights of financing agency.
Section 6A-2-507. - Effect of seller’s tender — Delivery on condition.
Section 6A-2-508. - Cure by seller of improper tender or delivery — Replacement.
Section 6A-2-509. - Risk of loss in the absence of breach.
Section 6A-2-510. - Effect of breach on risk of loss.
Section 6A-2-511. - Tender of payment by buyer — Payment by check.
Section 6A-2-512. - Payment by buyer before inspection.
Section 6A-2-513. - Buyer’s right to inspection of goods.
Section 6A-2-514. - When documents deliverable on acceptance — When on payment.
Section 6A-2-515. - Preserving evidence of goods in dispute.