8.2-615 - Excuse by failure of presupposed conditions. - Virginia Statutes

§ 8.2-615. Excuse by failure of presupposed conditions.

Except so far as a seller may have assumed a greater obligation and subjectto the preceding section [§ 8.2-614] on substituted performance:

(a) Delay in delivery or nondelivery in whole or in part by a seller whocomplies with paragraphs (b) and (c) is not a breach of his duty under acontract for sale if performance as agreed has been made impracticable by theoccurrence of a contingency the nonoccurrence of which was a basic assumptionon which the contract was made or by compliance in good faith with anyapplicable foreign or domestic governmental regulation or order whether ornot it later proves to be invalid.

(b) Where the causes mentioned in paragraph (a) affect only a part of theseller's capacity to perform, he must allocate production and deliveriesamong his customers but may at his option include regular customers not thenunder contract as well as his own requirements for further manufacture. Hemay so allocate in any manner which is fair and reasonable.

(c) The seller must notify the buyer seasonably that there will be delay ornondelivery and, when allocation is required under paragraph (b), of theestimated quota thus made available for the buyer.

(1964, c. 219.)