§ 6A-2.1-404 - Substituted performance.
SECTION 6A-2.1-404
§ 6A-2.1-404 Substituted performance.– (1) If without fault of the lessee, the lessor, and the supplier, the agreedberthing, loading, or unloading facilities fail or the agreed type of carrierbecomes unavailable or the agreed manner of delivery otherwise becomescommercially impracticable, but a commercially reasonable substitute isavailable, the substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because ofdomestic or foreign governmental regulation:
(a) The lessor may withhold or stop delivery or cause thesupplier to withhold or stop delivery unless the lessee provides a means ormanner of payment that is commercially a substantial equivalent; and
(b) If delivery has already been taken, payment by the meansor in the manner provided by the regulation discharges the lessee's obligationunless the regulation is discriminatory, oppressive, or predatory.