§ 25-2-324. "No arrival, no sale" term. - North Carolina Statutes

§25‑2‑324.  "No arrival, no sale" term.

Under a term "no arrival,no sale" or terms of like meaning, unless otherwise agreed,

(a)        the seller mustproperly ship conforming goods and if they arrive by any means he must tenderthem on arrival but he assumes no obligation that the goods will arrive unlesshe has caused the non‑arrival; and

(b)        where without faultof the seller the goods are in part lost or have so deteriorated as no longerto conform to the contract or arrive after the contract time, the buyer mayproceed as if there had been casualty to identified goods (G.S. 25‑2‑613).(1965, c. 700, s. 1.)