Alaska Statutes Title 45, Chapter 45.02, Article 06 - Breach, Repudiation, and Excuse
- Sec. 45.02.601 Buyer's Rights on Improper Delivery.
Subject to the provisions on breach in installment contracts (AS 45.02.612) and unless otherwise agreed under the sections on contractual limitations of remedy (AS...
- Sec. 45.02.602 Manner and Effect of Rightful Rejection.
(a) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the...
- Sec. 45.02.603 Merchant Buyer's Duties As to Rightfully Rejected Goods.
(a) Subject to a security interest in the buyer (AS 45.02.711(c)), if the seller has no agent or place of business at the market...
- Sec. 45.02.604 Buyer's Options As to Salvage of Rightfully Rejected Goods.
Subject to the provisions of AS 45.02.603 on perishables, if the seller gives no instructions within a reasonable time after notification of rejection, the...
- Sec. 45.02.605 Waiver of Buyer's Objections by Failure to Particularize.
(a) The buyer's failure to state in connection with rejection a particular defect that is ascertainable by reasonable inspection precludes the buyer from relying...
- Sec. 45.02.606 What Constitutes Acceptance of Goods.
(a) Acceptance of goods occurs when the buyer,(1) after a reasonable opportunity to inspect the goods, signifies to the seller that the goods are...
- Sec. 45.02.607 Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over.
(a) The buyer must pay at the contract rate for any goods accepted.(b) Acceptance of goods by the buyer precludes rejection of the goods...
- Sec. 45.02.608 Revocation of Acceptance in Whole or in Part.
(a) The buyer may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the buyer if the buyer...
- Sec. 45.02.609 Right to Adequate Assurance of Performance.
(a) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. If...
- Sec. 45.02.610 Anticipatory Repudiation.
When either party repudiates the contract with respect to a performance not yet due, the loss of which will substantially impair the value of...
- Sec. 45.02.611 Retraction of Anticipatory Repudiation.
(a) Until the repudiating party's next performance is due, that party can retract the repudiation unless the aggrieved party has, since the repudiation, cancelled...
- Sec. 45.02.612 "Installment Contract"; Breach.
(a) An "installment contract" is one that requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the...
- Sec. 45.02.613 Casualty to Identified Goods.
If the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party...
- Sec. 45.02.614 Substituted Performance.
(a) If without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or...
- Sec. 45.02.615 Excuse by Failure of Presupposed Conditions.
Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance,(1) delay in delivery...
- Sec. 45.02.616 Procedure on Notice Claiming Excuse.
(a) If the buyer receives notification of a material or indefinite delay or an allocation justified under AS 45.02.615 , the buyer may by...
Last modified: November 15, 2016