Sec. 2.505. SELLER'S SHIPMENT UNDER RESERVATION. (a) Where the seller has identified goods to the contract by or before shipment:
(1) his procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named.
(2) a non-negotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in a case of conditional delivery (Subsection (b) of Section 2.507) a non-negotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading.
(b) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the preceding section but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 8, eff. September 1, 2005.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Section 2.501. Insurable Interest in Goods; Manner of Identification of Goods
Section 2.502. Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency
Section 2.503. Manner of Seller's Tender of Delivery
Section 2.504. Shipment by Seller
Section 2.505. Seller's Shipment Under Reservation
Section 2.506. Rights of Financing Agency
Section 2.507. Effect of Seller's Tender; Delivery on Condition
Section 2.508. Cure by Seller of Improper Tender or Delivery; Replacement
Section 2.509. Risk of Loss in the Absence of Breach
Section 2.510. Effect of Breach on Risk of Loss
Section 2.511. Tender of Payment by Buyer; Payment by Check
Section 2.512. Payment by Buyer Before Inspection
Section 2.513. Buyer's Right to Inspection of Goods
Section 2.514. When Documents Deliverable on Acceptance; When on Payment