§2-614. Substituted performance

Link to law: http://legislature.vermont.gov/statutes/section/09A/002/00614
Published: 2015

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The Vermont Statutes Online



Uniform Commercial Code






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.