The term “No Arrival, No Sale” is used in sales contracts to indicate that the seller is obligated to deliver the goods to a designated location and is also liable for any damage or loss that may occur during transportation. In the event that the goods do not arrive or arrive in a damaged condition, the buyer has the option to either cancel the contract or accept the goods at a reduced price.
The delivery term “no arrival, no sale” is found in certain sales contracts. This term states that the seller is responsible for delivering the goods to a specific location and assumes the risk of loss for the goods during transportation. If the goods arrive late or damaged, the buyer has the option to either cancel the contract or accept the goods at a reduced price. For instance, a company in New York orders 1000 units of a product from a manufacturer in China, with the sales contract including the “no arrival, no sale” term. Unfortunately, the goods are damaged during transit. As a result, the buyer can choose to either terminate the contract or accept the goods at a discounted rate. In this scenario, the buyer has the flexibility to cancel the contract or accept the goods at a lower price due to the goods not being in good condition upon arrival. The “no arrival, no sale” term places the responsibility for the goods on the seller until they are delivered to the specified location. If the goods are damaged or lost during transportation, the seller must bear the risk of loss.
“No Arrival, No Sale” is a legal principle that states that a sale is not complete until the goods or services have been delivered to the buyer. It means that if the buyer does not receive the agreed-upon goods or services, they are not obligated to pay for them.
Yes, “No Arrival, No Sale” applies to both tangible goods and intangible services. It ensures that buyers are protected from paying for something they did not receive.
No, a seller cannot demand payment before delivering the goods or services. According to the principle of “No Arrival, No Sale,” payment is only required once the buyer has received the agreed-upon goods or services.
If the buyer refuses to pay after receiving the goods or services, the seller may have legal recourse to recover the payment. They can file a lawsuit or take other appropriate legal actions to enforce the payment.
Yes, a buyer can cancel an order if the goods or services have not arrived yet. The principle of “No Arrival, No Sale” allows the buyer to cancel the transaction without any obligation to pay if the goods or services are not delivered as agreed.
If the seller fails to deliver the goods or services after receiving payment, the buyer can take legal action to seek a refund or compensation. The seller may be held liable for breach of contract or other legal consequences.
There may be exceptions to the “No Arrival, No Sale” principle in certain circumstances. For example, if the buyer has agreed to pay in advance or if there is a specific contractual provision stating otherwise, the principle may not apply.
Yes, the “No Arrival, No Sale” principle can be waived by mutual agreement between the buyer and the seller. Parties can modify or waive this principle through a written contract or other legally binding agreement.
If buyers have not received the goods or services they paid for, they should first contact the seller to inquire about the delay or non-delivery. If the issue is not resolved, they may consider seeking legal advice or taking appropriate legal action to protect their rights.
Yes, the “No Arrival, No Sale” principle can be applied internationally, as it is a fundamental principle of contract law. However, specific laws and regulations may vary between countries, so it is important to consider the applicable jurisdiction when dealing with international transactions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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