(1) If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading or unloading facilities fail or the 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.
(2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation:
(a) The lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and
(b) If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee’s obligation unless the regulation is discriminatory, oppressive or predatory. [1989 c.676 §44]
Section: Previous 72A.3080 72A.3090 72A.3095 72A.3100 72A.4010 72A.4020 72A.4030 72A.4040 72A.4050 72A.4060 72A.4070 72A.5010 72A.5020 72A.5030 72A.5040 NextLast modified: August 7, 2008