§ 34.1-2-614 — Substituted performance

(a) Where 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.
(b) 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.