70A-2-614 - Substituted performance. - Utah Statutes

70A-2-614. Substituted performance.

(1) Where without fault of either party the agreed berthing, loading, or unloadingfacilities fail or an agreed type of carrier becomes unavailable or the agreed manner of deliveryotherwise becomes commercially impracticable but a commercially reasonable substitute isavailable, such substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or foreigngovernmental regulation, the seller may withhold or stop delivery unless the buyer provides ameans or manner of payment which is commercially a substantial equivalent. If delivery hasalready been taken, payment by the means or in the manner provided by the regulation dischargesthe buyer's obligation unless the regulation is discriminatory, oppressive or predatory.

Enacted by Chapter 154, 1965 General Session