I am not an expert in this area, and did only a cursory research, but I found the opposite. It only seems to matter if it's a merchant when the goods are being held to be picked up by the buyer. Otherwise, I have found no difference.

Here is what I found:

UCC 2-401(2)

(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading

(a) if the contract requires or authorizes the seller to send the goods to the buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but

(b) if the contract requires delivery at destination, title passes on tender there

UCC 2-509

(1) Where the contract requires or authorizes the seller to ship the goods by carrier

(a) if it does not require him 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 (Section 2-505); but

(b) if it does require him 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.

National Plumbing Supply Corp. v. Castellano, 460 N.Y.S.2d 248
(N.Y.Just.Ct. 1983)

Title to goods remained in seller who failed to complete performance by physically delivering goods to buyer or to authorized agent of buyer, and risk of loss did not pass to buyer, and same was true even if seller was not a "merchant."

Did I miss something? I could have.

Michael Siskin