§ 25-2-614. Substituted performance. - North Carolina Statutes

§25‑2‑614.  Substituted performance.

(1)        Where without faultof either party the agreed berthing, loading, or unloading facilities fail oran agreed type of carrier becomes unavailable or the agreed manner of deliveryotherwise becomes commercially impracticable but a commercially reasonablesubstitute is available, such substitute performance must be tendered andaccepted.

(2)        If the agreed meansor manner of payment fails because of domestic or foreign governmentalregulation, the seller may withhold or stop delivery unless the buyer providesa means or manner of payment which is commercially a substantial equivalent. Ifdelivery has already been taken, payment by the means or in the manner providedby the regulation discharges the buyer's obligation unless the regulation isdiscriminatory, oppressive or predatory. (1965, c. 700, s. 1.)