Section 2-A-219. Risk of Loss  


Latest version.
  • (1) Except in the case of a finance lease, risk of loss is retained by
      the  lessor  and  does  not pass to the lessee. In the case of a finance
      lease, risk of loss passes to the lessee.
        (2) Subject to the provisions of this Article on the effect of default
      on risk of loss (Section 2-A-220), if risk of loss is  to  pass  to  the
      lessee and the time of passage is not stated, the following rules apply:
             (a) if  the lease contract requires or authorizes the goods to be
                 shipped by carrier:
                 (i) and  it  does  not  require  delivery  at  a   particular
                     destination,  the  risk of loss passes to the lessee when
                     the goods are duly delivered to the carrier; but
                (ii) if it does require delivery 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
                     lessee when the goods are there duly so  tendered  as  to
                     enable the lessee to take delivery.
             (b) if  the  goods  are  held by a bailee to be delivered without
                 being moved, the  risk  of  loss  passes  to  the  lessee  on
                 acknowledgment  by  the  bailee  of  the  lessee's  right  to
                 possession of the goods.
             (c) in any case not within paragraph (a) or (b), the risk of loss
                 passes to the lessee on the lessee's receipt of the goods  if
                 the lessor, or, in the case of a finance lease, the supplier,
                 is  a  merchant;  otherwise  the risk passes to the lessee on
                 tender of delivery.