70A-2-615. Excuse by failure of presupposed conditions.
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 nondelivery 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 nonoccurrence 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 nondelivery
and, when allocation is required under paragraph (b), of the estimated quota thus made available
for the buyer.
Enacted by Chapter 154, 1965 General Session
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Last revised: Thursday, May 28, 2009