Section 2--614. Substituted Performance  


Latest version.
  • (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.