§490:2-324 - quot;No arrival, no sale" term.
§490:2-324 "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 he must tender them on arrival but he assumes
no obligation that the goods will arrive unless he has caused the non-arrival;
and
(b) Where without fault of the seller the goods are
in part lost or have so deteriorated as no longer to conform to the contract or
arrive after the contract time, the buyer may proceed as if there had been
casualty to identified goods (section 490:2-613). [L 1965, c 208, §2-324; HRS
§490:2-324]