(1) Delay in delivery or nondelivery in whole or in part by a seller who complies with subsections (2) and (3) of this section is not a breach of 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.
(2) Where the causes mentioned in subsection (1) of this section affect only a part of the seller’s capacity to perform, the seller must allocate production and deliveries among customers but may at the option of the seller include regular customers not then under contract as well as the requirements of the seller for further manufacture. The seller may so allocate in any manner which is fair and reasonable.
(3) The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under subsection (2) of this section, of the estimated quota thus made available for the buyer. [1961 c.726 §72.6150]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Section 72.1030 - Definitions and index of definitions.
Section 72.1040 - Definitions: "merchant"; "financing agency"; "between merchants."
Section 72.1050 - Definitions: "goods"; "future" goods; "lot"; "commercial unit."
Section 72.1070 - Goods to be severed from realty; recording.
Section 72.2010 - Formal requirements: statute of frauds.
Section 72.2020 - Final written expression: parol or extrinsic evidence.
Section 72.2040 - Formation in general.
Section 72.2060 - Offer and acceptance in formation of contract.
Section 72.2070 - Additional terms in acceptance or confirmation.
Section 72.2090 - Modification, rescission and waiver.
Section 72.2100 - Delegation of performance; assignment of rights.
Section 72.3020 - Unconscionable contract or clause.
Section 72.3040 - Price payable in money, goods, realty or otherwise.
Section 72.3050 - Open price term.
Section 72.3060 - Output, requirements and exclusive dealings.
Section 72.3080 - Absence of specified place for delivery.
Section 72.3090 - Absence of specific time provisions; notice of termination.
Section 72.3100 - Open time for payment or running of credit; authority to ship under reservation.
Section 72.3110 - Options and cooperation respecting performance.
Section 72.3130 - Express warranties by affirmation, promise, description, sample.
Section 72.3140 - Implied warranty: merchantability; usage of trade.
Section 72.3160 - Exclusion or modification of warranties; livestock warranty.
Section 72.3170 - Cumulation and conflict of warranties express or implied.
Section 72.3190 - F.O.B. and F.A.S. terms.
Section 72.3200 - C.I.F. and C. and F. terms.
Section 72.3220 - Delivery "ex-ship."
Section 72.3230 - Form of bill of lading required in overseas shipment; "overseas."
Section 72.3240 - "No arrival, no sale" term.
Section 72.3250 - "Letter of credit" term; "confirmed credit."
Section 72.3260 - Sale on approval and sale or return; rights of creditors.
Section 72.3270 - Special incidents of sale on approval and sale or return.
Section 72.3280 - Sale by auction.
Section 72.4010 - Passing of title; reservation for security; limited application of ORS 72.4010.
Section 72.4020 - Rights of seller’s creditors against sold goods.
Section 72.4030 - Power to transfer; good faith purchase of goods; "entrusting."
Section 72.5010 - Insurable interest in goods; manner of identification of goods.
Section 72.5020 - Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency.
Section 72.5030 - Manner of seller’s tender of delivery.
Section 72.5040 - Shipment by seller.
Section 72.5050 - Seller’s shipment under reservation.
Section 72.5060 - Rights of financing agency.
Section 72.5070 - Effect of seller’s tender; delivery on condition.
Section 72.5080 - Cure by seller of improper tender or delivery; replacement.
Section 72.5090 - Risk of loss in the absence of breach.
Section 72.5100 - Effect of breach on risk of loss.
Section 72.5110 - Tender of payment by buyer; payment by check.
Section 72.5120 - Payment by buyer before inspection.
Section 72.5130 - Buyer’s right to inspection of goods.
Section 72.5150 - Preserving evidence of goods in dispute.
Section 72.6010 - Buyer’s rights on improper delivery.
Section 72.6020 - Manner and effect of rightful rejection.
Section 72.6030 - Merchant buyer’s duties as to rightfully rejected goods.
Section 72.6050 - Waiver of buyer’s objections by failure to particularize.
Section 72.6060 - What constitutes acceptance of goods.
Section 72.6080 - Revocation of acceptance in whole or in part.
Section 72.6090 - Right to adequate assurance of performance.
Section 72.6100 - Anticipatory repudiation.
Section 72.6110 - Retraction of anticipatory repudiation.
Section 72.6120 - "Installment contract"; breach.
Section 72.6130 - Casualty to identified goods.
Section 72.6140 - Substituted performance.
Section 72.6150 - Excuse by failure of presupposed conditions.
Section 72.6160 - Procedure on notice claiming excuse.
Section 72.7020 - Seller’s remedies on discovery of buyer’s insolvency.
Section 72.7030 - Seller’s remedies in general.
Section 72.7050 - Seller’s stoppage of delivery in transit or otherwise.
Section 72.7060 - Seller’s resale including contract for resale.
Section 72.7070 - "Person in the position of a seller."
Section 72.7080 - Seller’s damages for nonacceptance or repudiation.
Section 72.7090 - Action for the price.
Section 72.7110 - Buyer’s remedies in general; buyer’s security interest in rejected goods.
Section 72.7120 - "Cover"; buyer’s procurement of substitute goods.
Section 72.7130 - Buyer’s damages for nondelivery or repudiation.
Section 72.7140 - Buyer’s damages for breach in regard to accepted goods.
Section 72.7150 - Buyer’s incidental and consequential damages.
Section 72.7160 - Buyer’s right to specific performance or replevin.
Section 72.7180 - Liquidation or limitation of damages; deposits.
Section 72.7190 - Contractual modification or limitation of remedy.
Section 72.7220 - Who can sue third parties for injury to goods.
Section 72.7230 - Proof of market price: time and place.
Section 72.7250 - Statute of limitations in contracts for sale.
Section 72.8010 - Definitions for ORS 72.8010 to 72.8200.
Section 72.8020 - Manufacturer’s implied warranty of merchantability.
Section 72.8030 - Manufacturer’s implied warranty of fitness.
Section 72.8040 - Retailer’s or distributor’s implied warranty of fitness.
Section 72.8060 - Express warranty.
Section 72.8090 - Form of express warranty; designation of service and repair facilities.
Section 72.8140 - Unauthorized or unreasonable use after sale.
Section 72.8150 - Service contract in addition to or in lieu of express warranty.
Section 72.8160 - Express warranty in addition to implied warranties.
Section 72.8180 - Buyer’s waiver of ORS 72.8010 to 72.8200.
Section 72.8190 - Status of remedies under ORS 72.8010 to 72.8200; effect of unconstitutionality.