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California Commercial Code Section 2615

Legal Research Home > California Laws > Commercial Code > California Commercial Code Section 2615

2615.  Except so far as a seller may have assumed a greater
obligation and subject to the preceding section on substituted
performance:
   (a) Delay in delivery or nondelivery in whole or in part by a
seller who complies with paragraphs (b) and (c) is not a breach of
his duty under a contract for sale if performance as agreed has been
made impracticable by the occurrence of a contingency the
nonoccurrence of which was a basic assumption on which the contract
was made or by compliance in good faith with any applicable foreign
or domestic governmental regulation or order whether or not it later
proves to be invalid.
   (b) Where the causes mentioned in paragraph (a) affect only a part
of the seller's capacity to perform, he must allocate production and
deliveries among his customers but may at his option include regular
customers not then under contract as well as his own requirements
for further manufacture. He may so allocate in any manner which is
fair and reasonable.
   (c) The seller must notify the buyer seasonably that there will be
delay or nondelivery and, when allocation is required under
paragraph (b), of the estimated quota thus made available for the
buyer.

Last modified: February 22, 2013