TITLE 6A

Uniform Commercial Code

CHAPTER 6A-2

Sales

PART 6A-2-601

Breach, Repudiation and Excuse

SECTION 6A-2-614



   § 6A-2-614  Substituted performance. –

(1) Where without fault of either party the agreed berthing, loading, or

unloading facilities fail or an agreed type of carrier becomes unavailable or

the agreed manner of delivery otherwise becomes commercially impracticable but

a commercially reasonable substitute is available, such substitute performance

must be tendered and accepted.



   (2) If the agreed means or manner of payment fails because of

domestic or foreign governmental regulation, the seller may withhold or stop

delivery unless the buyer provides a means or manner of payment which is

commercially a substantial equivalent. If delivery has already been taken,

payment by the means or in the manner provided by the regulation discharges the

buyer's obligation unless the regulation is discriminatory, oppressive, or

predatory.



History of Section.

(P.L. 1960, ch. 147, § 1.)