State Codes and Statutes

Statutes > New-york > Ucc > Article-2 > Part-6 > 2-612

Section 2--612. "Installment Contract"; Breach.    (1)  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.    (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; 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.  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.

State Codes and Statutes

Statutes > New-york > Ucc > Article-2 > Part-6 > 2-612

Section 2--612. "Installment Contract"; Breach.    (1)  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.    (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; 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.  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Ucc > Article-2 > Part-6 > 2-612

Section 2--612. "Installment Contract"; Breach.    (1)  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.    (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; 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.  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.