Title 11, Chapter 2, Section 615
( 11-2-615)
Excuse by failure of presupposed conditions. Except so far as a seller may have assumed a greater obligation and subject to Code Section 11-2-614 on substituted performance: (a) Delay in delivery or nondelivery in whole or in part by a
seller who complies with paragraphs (b) and (c) of this Code
section is not a breach of his duty under a contract for sale if
performance as agreed has been made impracticable by the
occurrence of a contingency the nonoccurrence of which was a basic
assumption on which the contract was made or by compliance in good
faith with any applicable foreign or domestic governmental
regulation or order whether or not it later proves to be invalid. (b) Where the clauses mentioned in paragraph (a) of this Code
section affect only a part of the seller's capacity to perform, he
must allocate production and deliveries among his customers but
may at his option include regular customers not then under
contract as well as his own requirements for further manufacture.
He may so allocate in any manner which is fair and reasonable. (c) The seller must notify the buyer seasonably that there will be
delay or nondelivery and, when allocation is required under
paragraph (b) of this Code section, of the estimated quota thus
made available for the buyer. |