N.Y. Uniform Commercial Code Law § 2-324: "No Arrival, No Sale" Term

Section 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 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).