With nonconforming goods, the risk of loss does not pass to the buyer until the defects are cured or the buyer accepts the goods in spite of the defects.

Question

Quizplus · Accepted Answer

This is known as the perfect tender rule under UCC Article 2. Until the goods conform to the contract or the buyer accepts them despite their nonconformity, the risk of loss remains with the seller.

With Nonconforming Goods, the Risk of Loss Does Not Pass