Hawaii Revised Statutes 490:2-614 Substituted Performance.

§490:2-614 Substituted performance. (1) 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.

(2) 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. [L 1965, c 208, §2-614; HRS §490:2-614]

Section: Previous  490-2-607  490-2-608  490-2-609  490-2-610  490-2-611  490-2-612  490-2-613  490-2-614  490-2-615  490-2-616  490-2-701  490-2-702  490-2-703  490-2-704  490-2-705  Next

Last modified: October 27, 2016