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Options and cooperation respecting performance - 13 Pa. Cons. Stat. § 2311

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     § 2311.  Options and cooperation respecting performance.
        (a)  Specifying particulars of performance.--An agreement for
     sale which is otherwise sufficiently definite (section 2204(c))
     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.
        (b)  Specifying assortment of goods and shipping
     arrangements.--Unless otherwise agreed specifications relating
     to assortment of the goods are at the option of the buyer and
     except as otherwise provided in section 2319(a)(3) and (c)
     (relating to F.O.B. and F.A.S. terms) specifications or
     arrangements relating to shipment are at the option of the
     seller.
        (c)  Remedies for failure to specify or cooperate.--Where
     such specification would materially affect the performance of
     the other party but is not seasonably made or where the
     cooperation of one party is necessary to the agreed performance
     of the other but is not seasonably forthcoming, the other party
     in addition to all other remedies:
            (1)  is excused for any resulting delay in his own
        performance; and
            (2)  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 cooperate as a
        breach by failure to deliver or accept the goods.

        Cross References.  Section 2311 is referred to in section
     2319 of this title.

Last modified: November 27, 2007