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The Vermont Statutes Online
Title
09A
:
Uniform Commercial Code
Chapter
002
:
Sales
§
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.