§ 26-1-2-615 — Excuse by failure of presupposed conditions

Except so far as a seller may have assumed
a greater obligation and subject to IC 26-1-2-614 on substituted
performance:
(a) Delay in delivery or non-delivery in whole or in part by a
seller who complies with paragraphs (b) and (c) is not a breach of
his duty under a contract for sale if performance as agreed has
been made impracticable by the occurrence of a contingency the
non-occurrence of which was a basic assumption on which the
contract was made or by compliance in good faith with any
applicable foreign or domestic governmental regulation or order
whether or not it later proves to be invalid.
(b) Where the causes mentioned in paragraph (a) affect only a
part of the seller's capacity to perform, he must allocate
production and deliveries among his customers but may at his
option include regular customers not then under contract as well
as his own requirements for further manufacture. He may so
allocate in any manner which is fair and reasonable.
(c) The seller must notify the buyer seasonably that there will be
delay or non-delivery and, when allocation is required under
paragraph (b), of the estimated quota thus made available for the
buyer.
Formerly: Acts 1963, c.317, s.2-615. As amended by
P.L.16-1983, SEC.18.