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NEW HAMPSHIRE STATUTES AND CODES

Section 382-A:2-612 ""Installment Contract''; Breach.


   (1) An ""installment 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 installment which is non-conforming if the non-conformity substantially impairs the value of that installment and cannot be cured or if the non-conformity is a defect in the required documents; but if the non-conformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.
   (3) Whenever non-conformity or default with respect to one or more installments 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 non-conforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.

Source. 1959, 247:1, eff. July 1, 1961.

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