§ 6A-2-311 - Options and cooperation respecting performance. - Rhode Island Statutes

SECTION 6A-2-311

   § 6A-2-311  Options and cooperationrespecting performance. – (1) An agreement for sale which is otherwise sufficiently definite (§6A-2-204(3)) to be a contract is not made invalid by the fact that it leavesparticulars of performance to be specified by one of the parties. Any suchspecification must be made in good faith and within limits set by commercialreasonableness.

   (2) Unless otherwise agreed, specifications relating toassortment of the goods are at the buyer's option and, except as otherwiseprovided in subsections (1)(c) and (3) of § 6A-2-319, specifications orarrangements relating to shipment are at the seller's option.

   (3) Where such specification would materially affect theother party's performance but is not seasonably made, or where one party'scooperation is necessary to the agreed performance of the other but is notseasonably forthcoming, the other party in addition to all other remedies,

   (a) Is excused for any resulting delay in his ownperformance; and

   (b) May also either proceed to perform in any reasonablemanner, or after the time for a material part of his or her own performance,treat the failure to specify or to cooperate as a breach by failure to deliveror accept the goods.