§490:2-613  Casualty to identified goods. 
Where the contract requires for its performance goods identified when the
contract is made, and the goods suffer casualty without fault of either party
before the risk of loss passes to the buyer, or in a proper case under a
"no arrival, no sale" term (section 490:2-324) then:



(a) If the loss is total the contract is avoided; and



(b) If the loss is partial or the goods have so
deteriorated as no longer to conform to the contract the buyer may nevertheless
demand inspection and at his option either treat the contract as avoided or
accept the goods with due allowance from the contract price for the
deterioration or the deficiency in quantity but without further right against
the seller. [L 1965, c 208, §2-613; HRS §490:2-613]