(A) Where the contract requires or authorizes the seller to ship the goods by carrier:
(1) if it does not require the seller 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 as provided in section 1302.49 of the Revised Code; but
(2) if it does require the seller 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) Where the goods are held by a bailee to be delivered without being moved, the
risk of loss passes to the buyer:
(1) on the buyer's receipt of possession or control of a negotiable document of title
covering the goods; or
(2) on acknowledgment by the bailee of the buyer's right to possession of the goods;
(3) after the buyer's receipt of possession or control of a non-negotiable document
of title or other direction to deliver in a record, as provided in division (D) (2)
of section 1302.47 of the Revised Code.
(C) In any case not within division (A) or (B) of this section, the risk of loss passes
to the buyer on the buyer's receipt of the goods if the seller is a merchant; otherwise
the risk passes to the buyer on tender of delivery.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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