47-2A404. Substituted performance
A. 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.
B. If the agreed means or manner of payment fails because of domestic or foreign
governmental regulation:
1. 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
2. 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.
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