§490:2-614 - Substituted performance.
§490:2-614 Substituted performance.
(1) Where without fault of either party the agreed berthing, loading, or
unloading facilities fail or an agreed type of carrier becomes unavailable or
the agreed manner of delivery otherwise becomes commercially impracticable but
a commercially reasonable substitute is available, such substitute performance
must be tendered and accepted.
(2) If the agreed means or manner of payment
fails because of domestic or foreign governmental regulation, the seller may
withhold or stop delivery unless the buyer provides a means or manner of
payment which is commercially a substantial equivalent. If delivery has
already been taken, payment by the means or in the manner provided by the
regulation discharges the buyer's obligation unless the regulation is
discriminatory, oppressive or predatory. [L 1965, c 208, §2-614; HRS
§490:2-614]