Section 2--615. Excuse by Failure of Presupposed Conditions  


Latest version.
  • Except  so  far  as a seller may have assumed a greater obligation and
      subject to the preceding section on substituted performance:
        (a) Delay in delivery or non-delivery in whole or in part by a  seller
      who  complies  with  paragraphs  (b) and (c) is not a breach of his duty
      under a contract for  sale  if  performance  as  agreed  has  been  made
      impracticable  by  the occurrence of a contingency the non-occurrence of
      which was a basic assumption on  which  the  contract  was  made  or  by
      compliance  in  good  faith  with  any  applicable  foreign  or domestic
      governmental regulation or order whether or not it later  proves  to  be
      invalid.
        (b)  Where the causes mentioned in paragraph (a) affect only a part of
      the seller's capacity  to  perform,  he  must  allocate  production  and
      deliveries  among  his  customers  but may at his option include regular
      customers not then under contract as well as his  own  requirements  for
      further  manufacture. He may so allocate in any manner which is fair and
      reasonable.
        (c) The seller must notify the buyer seasonably  that  there  will  be
      delay  or  non-delivery and, when allocation is required under paragraph
      (b), of the estimated quota thus made available for the buyer.