§ 6A-2-615 - Excuse by failure of presupposed conditions.
SECTION 6A-2-615
§ 6A-2-615 Excuse by failure ofpresupposed conditions. – Except so far as a seller may have assumed a greater obligation and subject tothe preceding section on substituted performance:
(a) Delay in delivery or nondelivery in whole or in part by aseller who complies with subdivisions (b) and (c) is not a breach of his or herduty under a contract for sale if performance as agreed has been madeimpracticable by the occurrence of a contingency the nonoccurrence of which wasa basic assumption on which the contract was made or by compliance in goodfaith with any applicable foreign or domestic governmental regulation or orderwhether or not it later proves to be invalid.
(b) Where the causes mentioned in subdivision (a) affect onlya part of the seller's capacity to perform, he or she must allocate productionand deliveries among his or her customers but may at his or her option includeregular customers not then under contract as well as his or her ownrequirements for further manufacture. He or she may so allocate in any mannerwhich is fair and reasonable.
(c) The seller must notify the buyer seasonably that therewill be delay or nondelivery and, when allocation is required under subdivision(b), of the estimated quota thus made available for the buyer.