§ 25-2A-404. Substituted performance. - North Carolina Statutes

§25‑2A‑404.  Substituted performance.

(1)        If without fault ofthe lessee, the lessor and the supplier, the agreed berthing, loading, orunloading facilities fail, or the agreed type of carrier becomes unavailable orthe agreed manner of delivery otherwise becomes commercially impracticable, buta commercially reasonable substitute is available, the substitute performanceshall be tendered and accepted.

(2)        If the agreed meansor manner of payment fails because of domestic or foreign governmentalregulation:

(a)        the lessor maywithhold or stop delivery or cause the supplier to withhold or stop deliveryunless the lessee provides a means or manner of payment that is commercially asubstantial equivalent; and

(b)        if delivery hasalready been taken, payment by the means or in the manner provided by theregulation discharges the lessee's obligation unless the regulation isdiscriminatory, oppressive, or predatory. (1993, c. 463, s. 1.)