400.2A-404. Substituted performance. - Missouri Statutes

Substituted performance.

400.2A-404. (1) If without fault of the lessee, the lessorand the supplier, the agreed berthing, loading, or unloadingfacilities fail or the agreed type of carrier becomes unavailableor the agreed manner of delivery otherwise becomes commerciallyimpracticable, but a commercially reasonable substitute isavailable, the substitute performance must be tendered andaccepted.

(2) If the agreed means or manner of payment fails becauseof domestic or foreign governmental regulation:

(a) the lessor may withhold or stop delivery or cause thesupplier to withhold or stop delivery unless the lessee providesa means or manner of payment that is commercially a substantialequivalent; and

(b) if delivery has already been taken, payment by themeans or in the manner provided by the regulation discharges thelessee's obligation unless the regulation is discriminatory,oppressive, or predatory.

(L. 1992 S.B. 448)