12.03.060 Effect of Breach or Risk of Loss

(a) Where a tender of delivery of goods so fails to conform to the contract as to give a right of rejection to the buyer, the risk of their loss remains on the seller until cure or acceptance.

(b) Where the buyer rightfully revokes acceptance, the risk of loss is considered as having rested on the seller from the beginning. If the buyer has insured his interest in the goods and subsequently rightfully revokes his acceptance, he may, to the extent of any deficiency on his effective insurance coverage, treat the risk of loss as having rested on the seller from the beginning.

(c) If the buyer repudiates or otherwise breaches the contract after conforming goods have been identified to the contract for sale, and before the risk of loss has passed to him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss has as resting on the buyer for a commercially reasonable time.