Texas Business and Commerce Code 2.509 – Risk of Loss in the Absence of Breach
(a) 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 2.505); 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) 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; or
(3) after the buyer’s receipt of possession or control of a non-negotiable document of title or other written direction to deliver, as provided in Subsection (d)(2) of Section 2.503.
Terms Used In Texas Business and Commerce Code 2.509
- Buyer: means a person who buys or contracts to buy goods. See Texas Business and Commerce Code 2.103
- Contract: A legal written agreement that becomes binding when signed.
- Seller: means a person who sells or contracts to sell goods. See Texas Business and Commerce Code 2.103
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) 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 the risk passes to the buyer on tender of delivery.
(d) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this chapter on sale on approval (Section 2.327) and on effect of breach on risk of loss (Section 2.510).