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This entry was published on 2014-09-22
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Substituted Performance
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 6
Section 2--614. Substituted Performance.

(1) Where without fault of either party the agreed berthing, loading,
or unloading facilities fail or an agreed type of carrier becomes
unavailable or the agreed manner of delivery otherwise becomes
commercially impracticable but a commercially reasonable substitute is
available, such substitute performance must be tendered and accepted.

(2) If the agreed means or manner of payment fails because of domestic
or foreign governmental regulation, the seller may withhold or stop
delivery unless the buyer provides a means or manner of payment which is
commercially a substantial equivalent. If delivery has already been
taken, payment by the means or in the manner provided by the regulation
discharges the buyer's obligation unless the regulation is
discriminatory, oppressive or predatory.