(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) 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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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