Statute · New York Uniform Commercial Code
N.Y. U.C.C. Law § 2-616 — Procedure on Notice Claiming Excuse
N.Y. U.C.C. Law § 2-616
- Type
- Statute
- Source
- New York Uniform Commercial Code
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
Section 2--616. Procedure on Notice Claiming Excuse.
Citator
N.Y. U.C.C. Law § 2-616 — Procedure on Notice Claiming Excuse is in force in the current edition of the Code, and nothing recorded condemns it.
Section 2--616. Procedure on Notice Claiming Excuse.
(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.