Ohio Code § 1302.53

Ohio Code § 1302.53. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1302.53.

(A) Where the contract requires or authorizes the seller to ship the goods by carrier: (1) if it does not require the seller 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 as provided in section 1302.49 of the Revised Code ;  but (2) if it does require the seller 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 take delivery. (B) Where the goods are held by a bailee to be delivered without being moved, the risk

of loss passes to the buyer: (1) on the buyer's receipt of possession or control of a negotiable document of title

covering the goods;  or (2) on acknowledgment by the bailee of the buyer's right to possession of the goods;

 or (3) after the buyer's receipt of possession or control of a non-negotiable document of

title or other direction to deliver in a record, as provided in division (D)(2) of section 1302.47 of the Revised Code . (C) In any case not within division (A) or (B) of this section, the risk of loss passes

to the buyer on the buyer's receipt of the goods if the seller is a merchant;  otherwise

the risk passes to the buyer on tender of delivery. (D) The provisions of this section are subject to contrary agreement of the parties and

to the provisions of sections 1302.40 and 1302.54 of the Revised Code .

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1302.53
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 1302.53 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 1302.53 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

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