§ 41-02-77 — (2-614) Substituted performance

1. If 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.