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355.2-509 Risk of loss in the absence of breach.
(1)
(2)
(3)
(4)
Where the contract requires or authorizes the seller to ship the goods by carrier:
(a) If it does not require him 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 (KRS 355.2-505); but
(b) If it does require him 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.
Where the goods are held by a bailee to be delivered without being moved, the risk
of loss passes to the buyer:
(a) On the buyer's receipt of possession or control of a negotiable document of
title covering the goods; or
(b) On acknowledgement by the bailee of the buyer's right to possession of the
goods; or
(c) After the buyer's receipt of possession or control of a nonnegotiable document
of title or other written direction to deliver, as provided in subsection (4)(b) of
KRS 355.2-503.
In any case not within subsection (1) or (2) of this section, the risk of loss passes to
the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk
passes to the buyer on tender of delivery.
The provisions of this section are subject to contrary agreement of the parties and to
the provisions of this article on sale on approval (KRS 355.2-327) and on effect of
breach on risk of loss (KRS 355.2-510).
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 132, sec. 51, effective July 12, 2012. -- Created
1958 Ky. Acts ch. 77, sec. 2-509, effective July 1, 1960.
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