Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed.

1. (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

2. (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 12A-2-613 ).

   Oklahoma Code Comment

   There are no previous Oklahoma decisions. This is a modification of "Ex-ship." Risk of loss remains on the

   seller, but destruction of the goods releases the seller from the contract. He is under the duty, however, to ship conforming goods in the manner required by the contract of sale, and he is discharged only by destruction or damage to the goods in transit. If damaged goods arrive, the buyer may refuse them, or he may accept them with an appropriate adjustment of the purchase price. See Section 2-613.

Laws 1961, SB 36, p. 85, §