400.2-612. "Installment contract"--breach. - Missouri Statutes

"Installment contract"--breach.

400.2-612. (1) An "installment contract" is one whichrequires or authorizes the delivery of goods in separate lots tobe separately accepted, even though the contract contains aclause "each delivery is a separate contract" or its equivalent.

(2) The buyer may reject any installment which isnonconforming if the nonconformity substantially impairs thevalue of that installment and cannot be cured or if thenonconformity is a defect in the required documents; but if thenonconformity does not fall within subsection (3) and the sellergives adequate assurance of its cure the buyer must accept thatinstallment.

(3) Whenever nonconformity or default with respect to one ormore installments substantially impairs the value of the wholecontract there is a breach of the whole. But the aggrieved partyreinstates the contract if he accepts a nonconforming installmentwithout seasonably notifying of cancellation or if he brings anaction with respect only to past installments or demandsperformance as to future installments.

(L. 1963 p. 503 § 2-612)