Title 11, Chapter 2, Section 612
( 11-2-612)
"Installment contract"; breach. (1) An "installment contract" is one which requires or authorizes
the delivery of goods in separate lots to be separately accepted,
even though the contract contains a clause "each delivery is a
separate contract" or its equivalent. (2) The buyer may reject any installment which is nonconforming if
the nonconformity substantially impairs the value of that
installment and cannot be cured or if the nonconformity is a defect
in the required documents; but if the nonconformity does not fall
within subsection (3) of this Code section and the seller gives
adequate assurance of its cure the buyer must accept that
installment. (3) Whenever nonconformity or default with respect to one or more
installments substantially impairs the value of the whole contract
there is a breach of the whole. But the aggrieved party reinstates
the contract if he accepts a nonconforming installment without
seasonably notifying of cancellation or if he brings an action with
respect only to past installments or demands performance as to
future installments. |