§ 2-612 — "Installment Contract"; Breach

New York § 2-612

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 6: Breach, Repudiation and Excuse
• Art. 2: Sales

Text

Section 2--612. "Installment Contract"; Breach.\n (1) An "installment contract" is one which requires or authorizes the\ndelivery of goods in separate lots to be separately accepted, even\nthough the contract contains a clause "each delivery is a separate\ncontract" or its equivalent.\n (2) The buyer may reject any installment which is non-conforming if\nthe non-conformity substantially impairs the value of that installment\nand cannot be cured or if the non-conformity is a defect in the required\ndocuments; but if the non-conformity does not fall within subsection (3)\nand the seller gives adequate assurance of its cure the buyer must\naccept that installment.\n (3) Whenever non-conformity or default with respect to one or more\ninstallments substantially impairs the value of the whole contract there\nis a breach of the whole. But the aggrieved party reinstates the\ncontract if he accepts a non-conforming installment without seasonably\nnotifying of cancellation or if he brings an action with respect only to\npast installments or demands performance as to future installments.\n