§ 2-615 — Excuse by Failure of Presupposed Conditions

New York § 2-615

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

Text

Section 2--615. Excuse by Failure of Presupposed Conditions.\n Except so far as a seller may have assumed a greater obligation and\nsubject to the preceding section on substituted performance:\n (a) Delay in delivery or non-delivery in whole or in part by a seller\nwho complies with paragraphs (b) and (c) is not a breach of his duty\nunder a contract for sale if performance as agreed has been made\nimpracticable by the occurrence of a contingency the non-occurrence of\nwhich was a basic assumption on which the contract was made or by\ncompliance in good faith with any applicable foreign or domestic\ngovernmental regulation or order whether or not it later proves to be\ninvalid.\n (b) Where the causes mentioned in paragraph (a) affect only a part of\nthe seller's capacity to perform, he must allocate production and\ndeliveries among his customers but may at his option include regular\ncustomers not then under contract as well as his own requirements for\nfurther manufacture. He may so allocate in any manner which is fair and\nreasonable.\n (c) The seller must notify the buyer seasonably that there will be\ndelay or non-delivery and, when allocation is required under paragraph\n(b), of the estimated quota thus made available for the buyer.\n