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possess and use the tractor before paying. Should the farmer decide to buy the tractor, the farmer could furnish a $6,000 down payment to the dealership and pay the remaining price over time. If the farmer decided she did not want the tractor, she could return it at the dealership’s expense. Here, a state appellate court found the transaction to be a sale on approval. Thus, the risk of loss and ownership of the tractor remained with the dealership until the farmer properly accepted the tractor. [ See Int’l Harvester Co. v. The Bank of Cal., N.A. , 632 P.2d 522 (Wa. Ct. App. 1981).] Effect of Breach on Risk of Loss under § 2-510 If either the buyer or the seller has breached the contract, the rules on risk of loss change substantially. Those rules appear in § 2-510, appropriately titled Effect of Breach on Risk of Loss. 1. Risk of Loss if Seller’s Tender or Delivery Does Not Conform to the Contract Generally, the seller breaches the contract by tendering or delivering goods that do not conform to the contract, and the nonconformity gives the buyer a right to reject the goods. In this event, the risk of loss remains on the seller until either (1) the seller properly cures the nonconformity or (2) the buyer accepts the goods. Here, the relevant cure is to remedy a defect in the goods themselves, as by repairing them. If the seller simply repossesses the goods and provides replacement goods, the risk of loss never shifts as to the goods replaced. Of course, the defect affording a right of rejection may lie in any documents to be provided alongside the goods, as opposed to the goods themselves. In this case, of course, the seller’s cure must pertain to the documents, not the goods. If the buyer waives the defect in the documents, this is tantamount to acceptance. [U.C.C. § 2-510(1). cmt. 2 (1951); Cure, Acceptance and Rejection of Goods, infra .] 2. Risk of Loss if Buyer Rightfully Revokes Acceptance of the Goods If the buyer accepts the goods and then rightfully revokes acceptance, then to the extent that her effective insurance coverage is deficient, she may proceed as though the seller bore the risk of loss from the beginning. [U.C.C. § 2-510(2) (1951); Revoking Acceptance, infra .] 3. Risk of Loss if Buyer Breaches the Contract A special risk-of-loss allocation applies if (1) the goods are identified to the contract, (2) the goods conform to the contract, and (3) the buyer repudiates or otherwise breaches the contract before risk of loss has passed to her. Here, the seller may proceed as though the buyer bore the risk of loss for a commercially reasonable time, to the extent the seller’s insurance coverage is deficient. Generally, a commercially reasonable time is long enough for the seller to dispose of the goods or obtain suitable insurance coverage. Only during this time,
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