400.2-615. Excuse by failure of presupposed conditions. - Missouri Statutes

Excuse by failure of presupposed conditions.

400.2-615. Except so far as a seller may have assumed agreater obligation and subject to section 400.2-614 onsubstituted performance:

(a) Delay in delivery or nondelivery in whole or in part bya seller who complies with paragraphs (b) and (c) is not a breachof his duty under a contract for sale if performance as agreedhas been made impracticable by the occurrence of a contingencythe nonoccurrence of which was a basic assumption on which thecontract was made or by compliance in good faith with anyapplicable foreign or domestic governmental regulation or orderwhether or not it later proves to be invalid.

(b) Where the causes mentioned in paragraph (a) affect onlya part of the seller's capacity to perform, he must allocateproduction and deliveries among his customers but may at hisoption include regular customers not then under contract as wellas his own requirements for further manufacture. He may soallocate in any manner which is fair and reasonable.

(c) The seller must notify the buyer seasonably that therewill be delay or nondelivery and, when allocation is requiredunder paragraph (b), of the estimated quota thus made availablefor the buyer.

(L. 1963 p. 503 § 2-615)