                                 CODE OF VIRGINIA

RISK OF LOSS IN THE ABSENCE OF BREACH (§ 8.2-509)

1. 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 (&#xA7; 8.2-505); 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.

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 receipt of possession or control of a negotiable document of title
   covering the goods; or

   b. on acknowledgement by the bailee of the buyer&#8217;s right to possession
   of the goods; or

   c. after his receipt of possession or control of a nonnegotiable document of
   title or other direction to deliver in a record, as provided in subsection (4)
   (b) of &#xA7; 8.2-503.

3. In any case not within subsection (1) or (2), 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.

4. The provisions of this section are subject to contrary agreement of the
parties and to the provisions of this title on sale on approval (&#xA7; 8.2-327)
and on effect of breach on risk of loss (&#xA7; 8.2-510).

HISTORY: 1964, c. 219; 2004, c. 200.