70A-2-612 - "Installment contract" -- Breach. - Utah Statutes

70A-2-612. "Installment contract" -- Breach.

(1) An "installment contract" is one which requires or authorizes the delivery of goods inseparate lots to be separately accepted, even though the contract contains a clause "each deliveryis a separate contract" or its equivalent.
(2) The buyer may reject any installment which is nonconforming if the nonconformitysubstantially impairs the value of that installment and cannot be cured or if the nonconformity is adefect in the required documents; but if the nonconformity does not fall within Subsection (3) andthe seller gives adequate assurance of its cure the buyer must accept that installment.
(3) Whenever nonconformity or default with respect to one or more installmentssubstantially impairs the value of the whole contract there is a breach of the whole. But theaggrieved party reinstates the contract if he accepts a nonconforming installment withoutseasonably notifying of cancellation or if he brings an action with respect only to past installmentsor demands performance as to future installments.

Enacted by Chapter 154, 1965 General Session