Colorado Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-324. "No Arrival, No Sale" Term

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


Source: L. 65: p. 1316, § 1. C.R.S. 1963: § 155-2-324.
Prior Uniform Statutory Provision: None.
Purposes:





The reason of this section is that where the seller is reselling goods bought by him as shipped by another and this fact is known to the buyer, so that the seller is not under any obligation to make the shipment himself, the seller is entitled under the "no arrival, no sale" clause to exemption from payment of damages for non-delivery if the goods do not arrive or if the goods which actually arrive are non-conforming. This does not extend to sellers who arrange shipment by their own agents, in which case the clause is limited to casualty due to marine hazards. But sellers who make known that they are contracting only with respect to what will be delivered to them by parties over whom they assume no control are entitled to the full quantum of the exemption.
Cross References:
Point 1: Section 4-1-203.
Point 2: Section 4-2-501(a) and (c).
Point 5: Section 4-2-613.
Definitional Cross References:
"Buyer". Section 4-2-103.
"Conforming". Section 4-2-106.
"Contract". Section 4-1-201.
"Fault". Section 4-1-201.
"Goods". Section 4-2-105.
"Sale". Section 4-2-106.
"Seller". Section 4-2-103.
"Term". Section 4-1-201.

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