UCC delivery terms Flashcards
UCC: no place of delivery agreed on
1) delivery is the seller’s place of business
2) UNLESS both parties know that the goods are some place else, then that is the place of delivery
UCC: shipment contracts
seller completes delivery obligation when
1) gets the goods to a common carrier
2) makes reasonable arrangements for delivery
3) notifies the buyer
UCC: destination contracts
seller does not compete delivery obligation until the goods arrive where the buyer is
FOB
1) followed by city where seller is =shipment contract
2) followed by any other city = destination contract
UCC: risk of loss rules
1) agreement allocates risk: controls
2) breach: breaching party liable for any uninsured loss even if breach unrelated to problem
3) delivery of common carrier other than seller: shifts from seller to buyer at time seller completes delivery obligations
4) If none of the above apply: Is seller a merchant? if yes, risk shifts on buyer receipt of goods, if no, shifts when goods are tendered