Ohio § 1302.74 Procedure on notice claiming excuse - UCC 2-616

Ohio Statutes

§ 1302.74 — Procedure on notice claiming excuse - UCC 2-616

Ohio § 1302.74

Title 13Commercial Transactions

Ch. 1302Sales

This text of Ohio § 1302.74 (Procedure on notice claiming excuse - UCC 2-616) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 1302.74 (2026).

Text

(A)Where the buyer receives notification of a material or indefinite delay or an allocation justified under section1302.73of the Revised Code, 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 section1302.70of the Revised Code relating to breach of installment contracts, then also as to the whole:

(1)terminate and thereby discharge any unexecuted portion of the contract; or

(2)modify the contract by agreeing to take his available quota in substitution.

(B)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. (C

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(A) Where the buyer receives notification of a material or indefinite delay or an allocation justified under section1302.73of the Revised Code, 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 section1302.70of the Revised Code relating to breach of installment contracts, then also as to the whole:

(1) terminate and thereby discharge any unexecuted portion of the contract; or

(2) modify the contract by agreeing to take his available quota in substitution.

(B) 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.

(C) The provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under section1302.73of the Revised Code.