§ 25-2-613. Casualty to identified goods. - North Carolina Statutes

§25‑2‑613.  Casualty to identified goods.

Where the contract requiresfor its performance goods identified when the contract is made, and the goodssuffer casualty without fault of either party before the risk of loss passes tothe buyer, or in a proper case under a "no arrival, no sale" term(G.S. 25‑ 2‑324) then

(a)        if the loss is totalthe contract is avoided; and

(b)        if the loss ispartial or the goods have so deteriorated as no  longer to conform to thecontract the buyer may nevertheless demand inspection and at his option eithertreat the contract as avoided or accept the goods with due allowance from thecontract price for the deterioration or the deficiency in quantity but withoutfurther right against the seller. (1965, c. 700, s. 1.)