400.2-614. Substituted performance. - Missouri Statutes

Substituted performance.

400.2-614. (1) Where without fault of either party theagreed berthing, loading, or unloading facilities fail or anagreed type of carrier becomes unavailable or the agreed mannerof delivery otherwise becomes commercially impracticable but acommercially reasonable substitute is available, such substituteperformance must be tendered and accepted.

(2) If the agreed means or manner of payment fails becauseof domestic or foreign governmental regulation, the seller maywithhold or stop delivery unless the buyer provides a means ormanner of payment which is commercially a substantial equivalent.If delivery has already been taken, payment by the means or inthe manner provided by the regulation discharges the buyer'sobligation unless the regulation is discriminatory, oppressive orpredatory.

(L. 1963 p. 503 § 2-614)