28-2-324. "NO ARRIVAL, NO SALE" TERM. Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed,
(a) the seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused the nonarrival; 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 28-2-613).
History:
[28-2-324, added 1967, ch. 161, sec. 2-324, p. 351.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Part 3 - GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
Section 28-2-301 - GENERAL OBLIGATIONS OF PARTIES.
Section 28-2-302 - UNCONSCIONABLE CONTRACT OR CLAUSE.
Section 28-2-303 - ALLOCATION OR DIVISION OF RISKS.
Section 28-2-304 - PRICE PAYABLE IN MONEY, GOODS, REALTY, OR OTHERWISE.
Section 28-2-305 - OPEN PRICE TERM.
Section 28-2-306 - OUTPUT, REQUIREMENTS AND EXCLUSIVE DEALINGS.
Section 28-2-307 - DELIVERY IN SINGLE LOT OR SEVERAL LOTS.
Section 28-2-308 - ABSENCE OF SPECIFIED PLACE FOR DELIVERY.
Section 28-2-309 - ABSENCE OF SPECIFIC TIME PROVISIONS — NOTICE OF TERMINATION.
Section 28-2-310 - OPEN TIME FOR PAYMENT OR RUNNING OF CREDIT — AUTHORITY TO SHIP UNDER RESERVATION.
Section 28-2-311 - OPTIONS AND COOPERATION RESPECTING PERFORMANCE.
Section 28-2-313 - EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, DESCRIPTION, SAMPLE.
Section 28-2-314 - IMPLIED WARRANTY — MERCHANTABILITY — USAGE OF TRADE.
Section 28-2-315 - IMPLIED WARRANTY — FITNESS FOR PARTICULAR PURPOSE.
Section 28-2-316 - EXCLUSION OR MODIFICATION OF WARRANTIES.
Section 28-2-317 - CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED.
Section 28-2-318 - THIRD PARTY BENEFICIARIES OF WARRANTIES EXPRESS OR IMPLIED.
Section 28-2-319 - F.O.B. AND F.A.S. TERMS.
Section 28-2-320 - C.I.F. AND C. & F. TERMS.
Section 28-2-322 - DELIVERY “EX-SHIP.”
Section 28-2-323 - FORM OF BILL OF LADING REQUIRED IN OVERSEAS SHIPMENT — “OVERSEAS.”
Section 28-2-324 - “NO ARRIVAL, NO SALE” TERM.
Section 28-2-325 - “LETTER OF CREDIT” TERM — “CONFIRMED CREDIT.”
Section 28-2-326 - SALE ON APPROVAL AND SALE OR RETURN — RIGHTS OF CREDITORS.
Section 28-2-327 - SPECIAL INCIDENTS OF SALE ON APPROVAL AND SALE OR RETURN.
Section 28-2-328 - SALE BY AUCTION.
Section 28-2-329 - VOLUNTARY AND UNSOLICITED SENDING OF GOODS.