West Virginia Code § 46-2-509

Risk of loss in the absence of breach
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(1) Where the contract requires or authorizes the seller to ship the goods by carrier:
(a) 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
(b) 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 tauke delivery.
(2) Where the goods are held by a bailee to be delivered without being moved, the risk of
loss passes to the buyer.
(a) On his receipt of possession or control of a negotiable document of title covering the
goods; or l
(b) On acknowledgment by the bailee of the buyer's right to possession of the goods; or
(c) After his receipt of possession or control a nonnegotiable document of title or other
direction to deliver in a record, as provided in subsection (4) (b) of section 2-503.
(3) In any case not within subseection (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. L
(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 2-327) and on effect of breach on risk
of loss (section 2-510).

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