28-2-612 "INSTALMENT CONTRACT" -- BREACH. - Idaho Statutes

TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 2

UNIFORM COMMERCIAL CODE -- SALES

PART 6.

BREACH, REPUDIATION AND EXCUSE

28-2-612. "Instalment contract" -- Breach. (1) An "instalment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.

(2) The buyer may reject any instalment which is nonconforming if the nonconformity substantially impairs the value of that instalment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that instalment.

(3) Whenever nonconformity or default with respect to one or more instalments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming instalment without seasonably notifying of cancelation or if he brings an action with respect only to past instalments or demands performance as to future instalments.