12A:2-612 - "Installment contract" ;Ā breach
12A:2-612. "Installment contract" ;Ā breach
(1) AnĀ "installment contract"Ā is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clauseĀ "each delivery is a separate contract"Ā or its equivalent.
(2) 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;Ā but if the non-conformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.
(3) 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.Ā 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.
L.1961, c. 120, s. 2-612.
Ā
(1) AnĀ "installment contract"Ā is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clauseĀ "each delivery is a separate contract"Ā or its equivalent.
(2) 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;Ā but if the non-conformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.
(3) 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.Ā 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.
L.1961, c. 120, s. 2-612.
Ā