2-614 - Substituted Performance. - New-york Statutes

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Statutes > New-york > Ucc > Article-2 > Part-6 > 2-614

Section 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.

State Codes and Statutes

Statutes > New-york > Ucc > Article-2 > Part-6 > 2-614

Section 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.

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State Codes and Statutes

Statutes > New-york > Ucc > Article-2 > Part-6 > 2-614

Section 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.