Missouri Revised Statutes













Chapter 400

Uniform Commercial Code

←400.02-615

Section 400.2-616.1

400.02-701→

August 28, 2015

Procedure on notice claiming excuse.

400.2-616. (1) Where the buyer receives notification of a material or

indefinite delay or an allocation justified under section 400.2-615 he may by

written notification to the seller as to any delivery concerned, and where

the prospective deficiency substantially impairs the value of the whole

contract under the provisions of this article relating to breach of

installment contracts (section 400.2-612), then also as to the whole,



(a) terminate and thereby discharge any unexecuted portion of the

contract; or



(b) modify the contract by agreeing to take his available quota in

substitution.



(2) If after receipt of such notification from the seller the buyer fails

so to modify the contract within a reasonable time not exceeding thirty days

the contract lapses with respect to any deliveries affected.



(3) The provisions of this section may not be negated by agreement except

in so far as the seller has assumed a greater obligation under section

400.2-615.



(L. 1963 p. 503 § 2-616)







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