554.2613 Casualty to identified goods. Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to thebuyer, or in a proper case under a 'no arrival, no sale' term (section 554.2324) then 1. if the loss is total the contract is avoided; and2. if the loss is partial or the goods have so deteriorated as no longer to conform to the contract the buyer may nevertheless demand inspection and at the buyer’s option either treatthe contract as avoided or accept the goods with due allowance from the contract price forthe deterioration or the deficiency in quantity but without further right against the seller. [C24, 27, 31, 35, 39, §9936, 9937; C46, 50, 54, 58, 62, §554.8, 554.9; C66, 71, 73, 75, 77, 79, 81, §554.2613] 2009 Acts, ch 41, §263Referred to in §554.2324 Sat Dec 23 01:51:09 2023 Iowa Code 2024, Section 554.2613 (24, 0)
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