(a) An agreement for sale that is otherwise sufficiently definite (AS 45.02.204 (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. The specification must be made in good faith and within limits set by commercial reasonableness.
(b) Unless otherwise agreed, specifications relating to assortment of the goods are at the buyer's option and, except as otherwise provided in AS 45.02.319 (a)(3) and (c), specifications or arrangements relating to shipment are at the seller's option.
(c) If the specification would materially affect the other party's performance but is not seasonably made or if one party's cooperation 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 a resulting delay in the party's own performance; and
(2) may either proceed to perform in a reasonable manner or, after the time for a material part of the party's own performance, treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.
Section: Previous 45.02.304 45.02.305 45.02.306 45.02.307 45.02.308 45.02.309 45.02.310 45.02.311 45.02.312 45.02.313 45.02.314 45.02.315 45.02.316 45.02.317 45.02.318 NextLast modified: November 15, 2016