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California Commercial Code Section 2324

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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 2613).


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Last modified: July 31, 2008