70A-2-615 - Excuse by failure of presupposed conditions.
70A-2-615. Excuse by failure of presupposed conditions.
Except so far as a seller may have assumed a greater obligation and subject to thepreceding section on substituted performance:
(a) Delay in delivery or nondelivery in whole or in part by a seller who complies withparagraphs (b) and (c) is not a breach of his duty under a contract for sale if performance asagreed has been made impracticable by the occurrence of a contingency the nonoccurrence ofwhich was a basic assumption on which the contract was made or by compliance in good faithwith any applicable foreign or domestic governmental regulation or order whether or not it laterproves to be invalid.
(b) Where the causes mentioned in paragraph (a) affect only a part of the seller's capacityto perform, he must allocate production and deliveries among his customers but may at his optioninclude regular customers not then under contract as well as his own requirements for furthermanufacture. He may so allocate in any manner which is fair and reasonable.
(c) The seller must notify the buyer seasonably that there will be delay or nondeliveryand, when allocation is required under paragraph (b), of the estimated quota thus made availablefor the buyer.
Enacted by Chapter 154, 1965 General Session