8.2-614 - Substituted performance.
§ 8.2-614. Substituted performance.
(1) Where without fault of either party the agreed berthing, loading, orunloading facilities fail or an agreed type of carrier becomes unavailable orthe agreed manner of delivery otherwise becomes commercially impracticablebut a commercially reasonable substitute is available, such substituteperformance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic orforeign governmental regulation, the seller may withhold or stop deliveryunless the buyer provides a means or manner of payment which is commerciallya substantial equivalent. If delivery has already been taken, payment by themeans or in the manner provided by the regulation discharges the buyer'sobligation unless the regulation is discriminatory, oppressive or predatory.
(1964, c. 219.)