North Dakota Century Code Title 51. Sales and Exchanges § 51-23-22. Affirmative defense

1. Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants, or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or any of them, the seller's affiliates, subsidiaries, or successors; and

2. Physical delivery was completed within a reasonable time under the applicable circumstances.