Legal Question in Business Law in California

I would charge you $175.00 to write that for you. Contact me at [email protected] if you want me to do it.

Joe Marman

You are probably protected under the Uniform Commercial Code. Unless the contract specifically provides otherwise, title and risk of loss and damage will pass from the seller to the buyer at the time and place the goods are delivered to the buyer or the carrier it selected. See California Commercial Code section 2509(1)(a), for example. If the contract contains any "F.O.B." provision, it should say "FOB buyer's truck at my store" or words to that effect, but if there is no FOB language or similar term in the contract, use CC 2509. Also, if the transportation is by common carrier, it will be liable anyway for loss and damage while the freight is in its custody.

I agree with Mr. Whipple. The only thing I would suggest differently is to put in the contract FOB loading dock at my store, unless your workers will be loading the truck.

General rule is you are already protected by the Uniform Commercial Code since title and risk of loss and damage will pass from the seller to the buyer at the time and place the goods are delivered to the buyer or the carrier it selected. In this case, once all sale documents are accomplished at your store and furniture�s possession is given to the buyer, you are not anymore liable what happens in transit. Second, if the buyer will be using a public transport or common carrier, the latter will be liable for loss or damage to the buyer for the transported merchandise.

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