S.D. Codified Laws § 57A-2-616
This is the official text of S.D. Codified Laws § 57A-2-616, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Procedure on notice claiming excuse
Official statutory text
(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under § 57A-2-615 he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this chapter relating to breach of installment contracts (§ 57A-2-612 ), then also as to the whole,
(a) Terminate and thereby discharge any unexecuted portion of the contract; or
(b) Modify the contract by agreeing to take his available quota in substitution.
(2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected.
(3) The provisions of this section may not be negated by agreement except insofar as the seller has assumed a greater obligation under § 57A-2-615 .
Source: SL 1966, ch 150, § 2-616; SDCL, §§ 57-7-40 to 57-7-42.
(a) Terminate and thereby discharge any unexecuted portion of the contract; or
(b) Modify the contract by agreeing to take his available quota in substitution.
(2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected.
(3) The provisions of this section may not be negated by agreement except insofar as the seller has assumed a greater obligation under § 57A-2-615 .
Source: SL 1966, ch 150, § 2-616; SDCL, §§ 57-7-40 to 57-7-42.
Status: in_force · Read it on the official government site
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