South Carolina § 36-2-616 Procedure on notice claiming excuse.

South Carolina Statutes

§ 36-2-616 — Procedure on notice claiming excuse.

South Carolina § 36-2-616

Title 36COMMERCIAL CODE

Ch. 2COMMERCIAL CODE—SALES

This text of South Carolina § 36-2-616 (Procedure on notice claiming excuse.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 36-2-616 (2026).

Text

(1)Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section (SECTION 36-2-615) 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 the provisions of this chapter relating to breach of installment contracts (SECTION 36-2-612), then also as to the whole, (a) terminate and thereby discharge any unexecuted portion of the contract; or (b) modify the contract by agreeing to take his available quota in substitution.

(2)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 deliv

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(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section (SECTION 36-2-615) 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 the provisions of this chapter relating to breach of installment contracts (SECTION 36-2-612), then also as to the whole, (a) terminate and thereby discharge any unexecuted portion of the contract; or (b) modify the contract by agreeing to take his available quota in substitution. (2) 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. (3) The provisions of this section may not be negated by agreement except insofar as the seller has assumed a greater obligation under the preceding section (SECTION 36-2-615).