47-2A404. Substituted performance
A. If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted.
B. If the agreed means or manner of payment fails because of domestic or foreign governmental regulation:
1. The lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and
2. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee's obligation unless the regulation is discriminatory, oppressive or predatory.
Section: Previous 47-2a308 47-2a309 47-2a310 47-2a311 47-2a401 47-2a402 47-2a403 47-2a404 47-2a405 47-2a406 47-2a407 47-2a501 47-2a502 47-2a503 47-2a504 NextLast modified: October 13, 2016