§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 NextLast modified: October 27, 2016