Impact of Article 2B

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This is an unofficial draft of Article 2B from March 1998. For the current official version, see the University of Pennsylvania Law School (Official NCCUSL) site at http://www.law.upenn.edu/library/ulc/ulc.htm

SECTION 2B-610. INSTALLMENT CONRACTS; REFUSAL AND DEFAULT [new].

(a) In this section, installment contract" means a contract in which the terms require or the circumstances permit the delivery of copies in lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.

(b) In an installment contract, the buyer party receiving tender may refuse ject any installment which is non-conforming if the non-conformity is a material breach as to that installment and cannot be cured or if the non-conformity is a defect in the required documents. However, if the non-conformity does not fall within subsection (c) and the tendering party making the delivery gives adequate assurance of its cure, the aggrieved party must accept that installment and may not cancel the whole contract.

(c) Whenever non-conformity or default with respect to one or more installments is a breach that is material as to the whole contract, there is a breach as to the whole. But However, the aggrieved party reinstates the contract if it he accepts a non-conforming installment without seasonably notifying the party in breach of contract of cancellation or if the aggrieved party he brings an action with respect only to past installments or demands performance as to future installments.

Reporter's Note:

This Section adds text from current Article 2-612 and Article 2A.