Okla. Stat. tit. 12A, § 12A-2-615
This is the official text of Okla. Stat. tit. 12A, § 12A-2-615, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Excuse by Failure of Presupposed Conditions
Official statutory text
Except so far as a seller may have assumed a greater obligation
and subject to the preceding section on substituted performance:
(a) Delay in delivery on nondelivery in whole or in part
by a seller who complies with paragraphs (b) and (c) is not a breach
of his duty under a contract for sale if performance as agreed has
been made impracticable by the occurrence of a contingency the
nonoccurrence of which was a basic assumption on which the contract
was made or by compliance in good faith with any applicable foreign
or domestic governmental regulation or order whether or not it later
proves to be invalid.
(b) Where the clauses mentioned in paragraph (a) affect
only a part of the seller's capacity to perform, he must allocate
production and deliveries among his customers but may at his option
include regular customers not then under contract as well as his own
requirements for further manufacture. He may so allocate in any
manner which is fair and reasonable.
(c) The seller must notify the buyer seasonably that there
will be delay or nondelivery and, when allocation is required under
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 221
paragraph (b), of the estimated quota thus made available for the
buyer.
and subject to the preceding section on substituted performance:
(a) Delay in delivery on nondelivery in whole or in part
by a seller who complies with paragraphs (b) and (c) is not a breach
of his duty under a contract for sale if performance as agreed has
been made impracticable by the occurrence of a contingency the
nonoccurrence of which was a basic assumption on which the contract
was made or by compliance in good faith with any applicable foreign
or domestic governmental regulation or order whether or not it later
proves to be invalid.
(b) Where the clauses mentioned in paragraph (a) affect
only a part of the seller's capacity to perform, he must allocate
production and deliveries among his customers but may at his option
include regular customers not then under contract as well as his own
requirements for further manufacture. He may so allocate in any
manner which is fair and reasonable.
(c) The seller must notify the buyer seasonably that there
will be delay or nondelivery and, when allocation is required under
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 221
paragraph (b), of the estimated quota thus made available for the
buyer.
Status: in_force · Read it on the official government site
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