47-2612. "Installment contract";
breach
A. An "installment contract" is one which requires or authorizes the delivery of
goods in separate lots to be separately accepted, even though the contract contains a
clause "each delivery is a separate contract" or its equivalent.
B. The buyer may reject any installment which is non-conforming if the
non-conformity substantially impairs the value of that installment and cannot be cured or
if the non-conformity is a defect in the required documents; but if the non-conformity
does not fall within subsection C and the seller gives adequate assurance of its cure the
buyer must accept that installment.
C. Whenever non-conformity or default with respect to one or more installments
substantially impairs the value of the whole contract there is a breach of the
whole. But the aggrieved party reinstates the contract if he accepts a non-conforming
installment without seasonably notifying of cancellation or if he brings an action with
respect only to past installments or demands performance as to future installments.
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