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California Commercial Code Section 2311

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(1) An agreement for sale which is otherwise sufficiently
definite (subdivision (3) of Section 2204) to be a contract is not
made invalid by the fact that it leaves particulars of performance to
be specified by one of the parties.  Any such specification must be
made in good faith and within limits set by commercial
reasonableness.
   (2) Unless otherwise agreed specifications relating to assortment
of the goods are at the buyer's option and except as otherwise
provided in subdivisions (1)(c) and (3) of Section 2319
specifications or arrangements relating to shipment are at the seller'
s option.
   (3) Where such specification would materially affect the other
party's performance but is not seasonably made or where one party's
co-operation is necessary to the agreed performance of the other but
is not seasonably forthcoming, the other party in addition to all
other remedies
   (a) Is excused for any resulting delay in his own performance; and

   (b) May also either proceed to perform in any reasonable manner or
after the time for a material part of his own performance treat the
failure to specify or to co-operate as a breach by failure to deliver
or accept the goods.
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Last modified: July 31, 2008