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 or she must tender them on arrival but he or she assumes no obligation that the goods will arrive unless he or she 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 2-613).
Structure Delaware Code
Part 3. General Obligation and Construction of Contract
§ 2-301. General obligations of parties.
§ 2-302. Unconscionable contract or clause.
§ 2-303. Allocation or division of risks.
§ 2-304. Price payable in money, goods, realty, or otherwise.
§ 2-306. Output, requirements and exclusive dealings.
§ 2-307. Delivery in single lot or several lots.
§ 2-308. Absence of specified place for delivery.
§ 2-309. Absence of specific time provisions; notice of termination.
§ 2-310. Open time for payment or running of credit; authority to ship under reservation.
§ 2-311. Options and cooperation respecting performance.
§ 2-312. Warranty of title and against infringement; buyer's obligation against infringement.
§ 2-313. Express warranties by affirmation, promise, description, sample.
§ 2-314. Implied warranty; merchantability; usage of trade.
§ 2-315. Implied warranty; fitness for particular purpose.
§ 2-316. Exclusion or modification of warranties.
§ 2-317. Cumulation and conflict of warranties express or implied.
§ 2-318. Third party beneficiaries of warranties express or implied.
§ 2-319. F.O.B. and F.A.S. terms.
§ 2-320. C.I.F. and C. & F. terms.
§ 2-323. Form of bill of lading required in overseas shipment; “overseas.”
§ 2-324. “No arrival, no sale” term.
§ 2-325. “Letter of credit” term; “confirmed credit.”
§ 2-326. Sale on approval and sale or return; rights of creditors.
§ 2-327. Special incidents of sale on approval and sale or return.