North Dakota Code 41-02-41 – (2-324) No arrival, no sale term
Current as of: 2023 | Check for updates
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Under a term “no arrival, no sale” or terms of like meaning, unless otherwise agreed:
Terms Used In North Dakota Code 41-02-41
- Contract: A legal written agreement that becomes binding when signed.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
1. The seller must properly ship conforming goods and if they arrive by any means the seller must tender them on arrival but the seller assumes no obligation that the goods will arrive unless the seller has caused the nonarrival; and
2. If 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 41-02-76).