2-A-404 - Substituted Performance. - New-york Statutes

State Codes and Statutes

Statutes > New-york > Ucc > Article-2-a > Part-4 > 2-a-404

Section 2-A-404. Substituted Performance.    (1)  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.    (2) If the agreed means or manner of payment fails because of domestic  or foreign governmental regulation:         (a) 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         (b) 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.

State Codes and Statutes

Statutes > New-york > Ucc > Article-2-a > Part-4 > 2-a-404

Section 2-A-404. Substituted Performance.    (1)  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.    (2) If the agreed means or manner of payment fails because of domestic  or foreign governmental regulation:         (a) 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         (b) 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.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > New-york > Ucc > Article-2-a > Part-4 > 2-a-404

Section 2-A-404. Substituted Performance.    (1)  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.    (2) If the agreed means or manner of payment fails because of domestic  or foreign governmental regulation:         (a) 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         (b) 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.