(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. [1961 c.726 §72.6140]
Section: Previous 72.6070 72.6080 72.6090 72.6100 72.6110 72.6120 72.6130 72.6140 72.6150 72.6160 72.7010 72.7020 72.7030 72.7040 72.7050 NextLast modified: August 7, 2008