12A:2-616 - Procedure on notice claiming excuse - New Jersey Statutes

12A:2-616.  Procedure on notice claiming excuse    (1) Where the buyer receives notification of a material or indefinite delay  or an allocation justified under the preceding section he may by written  notification to the seller as to any delivery concerned, and where the  prospective deficiency substantially impairs the value of the whole contract  under the provisions of this Chapter relating to breach of installment  contracts (12A:2-612), then also as to the whole,

     (a) terminate and thereby discharge any unexecuted portion of the contract;   or

     (b) modify the contract by agreeing to take his available quota in substitution.

    (2) If after receipt of such notification from the seller the buyer fails so  to modify the contract within a reasonable time not exceeding thirty days the  contract lapses with respect to any deliveries affected.

    (3) The provisions of this section may not be negated by agreement except in  so far as the seller has assumed a greater obligation under the preceding section.

     L.1961, c. 120, s. 2-616.