(a) If 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, the substitute performance must be tendered and accepted.
(b) 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 that 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.
Section: Previous 45.02.603 45.02.604 45.02.605 45.02.606 45.02.607 45.02.608 45.02.609 45.02.610 45.02.611 45.02.612 45.02.613 45.02.614 45.02.615 45.02.616 NextLast modified: November 15, 2016