Section 2--616. Procedure on Notice Claiming Excuse


Latest version.
  • (1)  Where the buyer receives notification of a material or indefinite
      delay or an allocation justified under the preceding section he  may  by
      written  notification  to  the  seller as to any delivery concerned, and
      where the prospective deficiency substantially impairs the value of  the
      whole  contract  under the provisions of this Article relating to breach
      of installment contracts (Section 2--612), then also as to the whole,
             (a) terminate and thereby discharge any unexecuted portion of the
                 contract; or
             (b) modify the contract by agreeing to take his  available  quota
                 in substitution.
        (2)  If  after  receipt of such notification from the seller the buyer
      fails so to modify the contract within a reasonable time  not  exceeding
      thirty days the contract lapses with respect to any deliveries affected.
        (3)  The  provisions  of  this section may not be negated by agreement
      except in so far as the seller has assumed a  greater  obligation  under
      the preceding section.