Title 11, Chapter 2A, Section 219
( 11-2A-219)
Risk of loss. (1) Except in the case of a finance lease, risk of loss is retained
by the lessor and does not pass to the lessee. In the case of a
finance lease, risk of loss passes to the lessee. (2) Subject to the provisions of this article on the effect of default on risk of loss (Code Section 11-2A-220), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply: (a) If the lease contract requires or authorizes the goods to be
shipped by carrier (i) And it does not require delivery at a particular
destination, the risk of loss passes to the lessee when the
goods are duly delivered to the carrier; but (ii) If it does require delivery 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 lessee when the goods
are there duly so tendered as to enable the lessee to take
delivery. (b) If the goods are held by a bailee to be delivered without
being moved, the risk of loss passes to the lessee on
acknowledgment by the bailee of the lessee's right to possession
of the goods. (c) In any case not within subsection (a) or (b), the risk of loss
passes to the lessee on the lessee's receipt of the goods if the
lessor, or, in the case of a finance lease, the supplier, is a
merchant; otherwise the risk passes to the lessee on tender of
delivery. |