N.Y. U.C.C. 2-324

Section 2--324. "No Arrival, No Sale" Term.\n Under a term "no arrival, no sale" or terms of like meaning, unless\notherwise agreed,\n (a) the seller must properly ship conforming goods and if they arrive\nby any means he must tender them on arrival but he assumes no obligation\nthat the goods will arrive unless he has caused the non-arrival; and\n (b) where without fault of the seller the goods are in part lost or\nhave so deteriorated as no longer to conform to the contract or arrive\nafter the contract time, the buyer may proceed as if there had been\ncasualty to identified goods (Section 2--613).\n