70A-2-324 - "No arrival, no sale" term.
70A-2-324. "No arrival, no sale" term.
Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed,
(a) the seller must properly ship conforming goods and if they arrive by any means hemust tender them on arrival but he assumes no obligation that the goods will arrive unless he hascaused the nonarrival; and
(b) where without fault of the seller the goods are in part lost or have so deteriorated asno longer to conform to the contract or arrive after the contract time, the buyer may proceed as ifthere had been casualty to identified goods (Section 70A-2-613).
Enacted by Chapter 154, 1965 General Session