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Section: 400.002.0612 "installment Contract"--Breach. Rsmo 400.02-612


Published: 2015

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Missouri Revised Statutes













Chapter 400

Uniform Commercial Code

←400.02-611

Section 400.2-612.1

400.02-613→

August 28, 2015

"Installment contract"--breach.

400.2-612. (1) An "installment contract" is one which requires or

authorizes the delivery of goods in separate lots to be separately accepted,

even though the contract contains a clause "each delivery is a separate

contract" or its equivalent.



(2) The buyer may reject any installment which is nonconforming if the

nonconformity substantially impairs the value of that installment and cannot

be cured or if the nonconformity is a defect in the required documents; but

if the nonconformity does not fall within subsection (3) and the seller gives

adequate assurance of its cure the buyer must accept that installment.



(3) Whenever nonconformity or default with respect to one or more

installments substantially impairs the value of the whole contract there is a

breach of the whole. But the aggrieved party reinstates the contract if he

accepts a nonconforming installment without seasonably notifying of

cancellation or if he brings an action with respect only to past installments

or demands performance as to future installments.



(L. 1963 p. 503 § 2-612)







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