2509 - Risk of loss in absence of breach.

     § 2509.  Risk of loss in absence of breach.        (a)  Seller to ship by carrier.--Where the contract requires     or authorizes the seller to ship the goods by carrier:            (1)  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 (section 2505); but            (2)  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.        (b)  Goods held by bailee.--Where the goods are held by a     bailee to be delivered without being moved, the risk of loss     passes to the buyer:            (1)  on his receipt, possession or control of a        negotiable document of title covering the goods;            (2)  on acknowledgment by the bailee of the right of the        buyer to possession of the goods; or            (3)  after his receipt, possession or control of a        nonnegotiable document of title or other direction to deliver        in a record, as provided in section 2503(d)(2) (relating to        manner of tender of delivery by seller).        (c)  All other cases.--In any case not within subsection (a)     or (b), the risk of loss passes to the buyer on his receipt of     the goods if the seller is a merchant; otherwise on tender of     delivery.        (d)  Limitations on operation of section.--The provisions of     this section are subject to contrary agreement of the parties     and to the provisions of this division on sale on approval     (section 2327) and on effect of breach on risk of loss (section     2510).     (Apr. 16, 2008, P.L.57, No.13, eff. 60 days)        2008 Amendment.  Act 13 amended subsec. (b)(1) and (3).