§ 6A-2-614 - Substituted performance. - Rhode Island Statutes

SECTION 6A-2-614

   § 6A-2-614  Substituted performance. –(1) Where without fault of either party the agreed berthing, loading, orunloading facilities fail or an agreed type of carrier becomes unavailable orthe agreed manner of delivery otherwise becomes commercially impracticable buta commercially reasonable substitute is available, such substitute performancemust be tendered and accepted.

   (2) If the agreed means or manner of payment fails because ofdomestic or foreign governmental regulation, the seller may withhold or stopdelivery unless the buyer provides a means or manner of payment which iscommercially a substantial equivalent. If delivery has already been taken,payment by the means or in the manner provided by the regulation discharges thebuyer's obligation unless the regulation is discriminatory, oppressive, orpredatory.