70A-2-616 - Procedure on notice claiming excuse.
70A-2-616. Procedure on notice claiming excuse.
(1) Where the buyer receives notification of a material or indefinite delay or an allocationjustified under the preceding section he may by written notification to the seller as to any deliveryconcerned, and where the prospective deficiency substantially impairs the value of the wholecontract under the provisions of this chapter relating to breach of installment contracts (Section70A-2-612), then also as to the whole,
(a) terminate and thereby discharge any unexecuted portion of the contract; or
(b) modify the contract by agreeing to take his available quota in substitution.
(2) If after receipt of such notification from the seller the buyer fails so to modify thecontract within a reasonable time not exceeding 30 days the contract lapses with respect to anydeliveries affected.
(3) The provisions of this section may not be negated by agreement except in so far asthe seller has assumed a greater obligation under the preceding section.
Enacted by Chapter 154, 1965 General Session