§490:2-509 Risk of loss in the absence of breach. (1) Where the contract requires or authorizes the seller to ship the goods by carrier:
(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer:
(3) In 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.
(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this article on sale on approval (section 490:2-327) and on effect of breach on risk of loss (section 490:2-510). [L 1965, c 208, §2-509; HRS §490:2-509; am L 2004, c 163, §12]