(1) Where the contract requires or authorizes the seller to ship the goods by carrier:
If it does not require him to deliver them at a particular destination, the risk of losspasses to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (section 4-2-505); but
If it does require him to deliver them at a particular destination and the goods arethere 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:
On the buyer's receipt of possession or control of a negotiable document of titlecovering the goods; or
On acknowledgment by the bailee of the buyer's right to possession of the goods; or
After the buyer's receipt of possession or control of a nonnegotiable document of titleor other direction to deliver in a record, as provided in subsection (4)(b) of section 4-2-503.
In any case not within subsection (1) or (2) of this section, the risk of loss passes tothe buyer on his receipt of the goods if the seller is a merchant; otherwise, the risk passes to the buyer on tender of delivery.
The provisions of this section are subject to contrary agreement of the parties and tothe provisions of this article on sale on approval (section 4-2-327) and on effect of breach on risk of loss (section 4-2-510).
Source: L. 65: p. 1325, § 1. C.R.S. 1963: § 155-2-509. L. 2006: (2)(a) and (2)(c) amended, p. 492, § 13, effective September 1.