{"data":{"id":"us-nj/n.j.-stat.-12a-2-509","jurisdiction":"us-nj","citation":"N.J. Stat. § 12A:2-509","heading":"Risk of loss in the absence of breach.","body":"Risk of loss in the absence of breach.\n(1)\tWhere the contract requires or authorizes the seller to ship the goods by carrier\n(a)\tif 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 (12A:2-505); but\n(b)\tif 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.\n(2)\tWhere the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer\n(a)\ton his receipt of possession or control of a negotiable document of title covering the goods; or\n(b)\ton acknowledgement by the bailee of the buyer's right to possession of  the goods; or\n(c)\tafter his receipt of possession or control of a non-negotiable document of title or other  direction to deliver in a record, as provided in subsection (4)(b) of 12A:2-503.\n(3)\tIn 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.\n(4)\tThe provisions of this section are subject to contrary agreement of the parties and to the provisions of this Chapter on sale on approval (12A:2-327) and on effect of breach on risk of loss (12A:2-510).\namended 2013, c.65, s.39.","path":["TITLE 12A COMMERCIAL TRANSACTIONS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"8c15a112398c88f228bf243faf7ad76c9ec72eae2aea00d9e3f872afcdc95545","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-12a-2-508","next":"us-nj/n.j.-stat.-12a-2-510"},"notice":"GroundRules: Original legal text. Not legal advice."}