Sec. 45.02.608. Revocation of acceptance in whole or in part.
(a) The buyer may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the buyer if the buyer has accepted it (1) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (2) without discovery of the nonconformity if the buyer’s […]
Sec. 45.02.609. Right to adequate assurance of performance.
(a) A contract for sale imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. If reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and, until the party receives this assurance, […]
Sec. 45.02.610. Anticipatory repudiation.
When either party repudiates the contract with respect to a performance not yet due, the loss of which will substantially impair the value of the contract to the other, the aggrieved party may (1) for a commercially reasonable time await performance by the repudiating party; or (2) resort to any remedy for breach (AS 45.02.703 […]
Sec. 45.02.611. Retraction of anticipatory repudiation.
(a) Until the repudiating party’s next performance is due, that party can retract the repudiation unless the aggrieved party has, since the repudiation, cancelled or materially changed the aggrieved party’s position or otherwise indicated that the aggrieved party considers the repudiation final. (b) Retraction may be by any method that clearly indicates to the aggrieved […]
Sec. 45.02.612. “Installment contract”; breach.
(a) An “installment contract” is one that 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. (b) The buyer may reject an installment that is nonconforming if the nonconformity substantially impairs the value of […]
Sec. 45.02.613. Casualty to identified goods.
If the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a “no arrival, no sale” term (AS 45.02.324), then (1) if the loss is total, the […]
Sec. 45.02.614. Substituted performance.
(a) If 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, the substitute performance must be tendered and accepted. (b) If the agreed means or manner […]
Sec. 45.02.615. Excuse by failure of presupposed conditions.
Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance, (1) delay in delivery or nondelivery in whole or in part by a seller who complies with (2) and (3) of this section is not a breach of the seller’s duty under a contract […]
Sec. 45.02.616. Procedure on notice claiming excuse.
(a) If the buyer receives notification of a material or indefinite delay or an allocation justified under AS 45.02.615, the buyer may by written notification to the seller as to any delivery concerned and if the prospective deficiency substantially impairs the value of the whole contract under the provisions relating to breach of installment contracts, […]
Sec. 45.02.606. What constitutes acceptance of goods.
(a) Acceptance of goods occurs when the buyer, (1) after a reasonable opportunity to inspect the goods, signifies to the seller that the goods are conforming or that the buyer will take or retain them in spite of their nonconformity; (2) fails to make an effective rejection (AS 45.02.602), but this acceptance does not occur […]