§ 6A-2-616 - Procedure on notice claiming excuse. - Rhode Island Statutes

SECTION 6A-2-616

   § 6A-2-616  Procedure on notice claimingexcuse. – (1) Where the buyer receives notification of a material or indefinite delay oran allocation justified under the preceding section he or she may by writtennotification to the seller as to any delivery concerned, and where theprospective deficiency substantially impairs the value of the whole contractunder the provisions of this chapter relating to breach of installmentcontracts (§ 6A-2-612), then also as to the whole,

   (a) Terminate and thereby discharge any unexecuted portion ofthe contract; or

   (b) Modify the contract by agreeing to take his or heravailable quota in substitution.

   (2) If after receipt of such notification from the seller thebuyer fails so to modify the contract within a reasonable time not exceedingthirty (30) days the contract lapses with respect to any deliveries affected.

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