(1) An agreement for sale which is otherwise sufficiently definite (subsection (3)
of KRS 355.2-204) to be a contract is not made invalid by the fact that it leaves particulars of performance
to be specified by one (1) of the parties. Any such specification must be made in good faith and within limits set by commercial
(2) Unless otherwise agreed specifications relating to assortment of the goods are
at the buyer's option and except as otherwise provided in subsections (1)(c) and (3)
of KRS 355.2-319 specifications or arrangements relating to shipment are at the seller's option.
(3) Where such specification would materially affect the other party's performance
but is not seasonably made or where one party's cooperation is necessary to the agreed
performance of the other but is not seasonably forthcoming, the other party in addition
to all other remedies
(a) is excused for any resulting delay in his own performance; and
(b) may also either proceed to perform in any reasonable manner or after the time
for a material part of his own performance treat the failure to specify or to cooperate
as a breach by failure to deliver or accept the goods.
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.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.