(a) If the buyer receives notification of a material or indefinite delay or an allocation justified under AS 45.02.615, the buyer may by written notification to the seller as to any delivery concerned and if the prospective deficiency substantially impairs the value of the whole contract under the provisions relating to breach of installment contracts, AS 45.02.612, then also as to the whole,
(1) terminate and thereby discharge any unexecuted portion of the contract; or
(2) modify the contract by agreeing to take the buyer's available quota in substitution.
(b) If, after receipt of the notification from the seller, the buyer fails so to modify the contract within a reasonable time not exceeding 30 days, the contract lapses with respect to deliveries affected.
(c) This section may not be negated by agreement except insofar as the seller has assumed a greater obligation under AS 45.02.615.
Structure Alaska Statutes
Article 6. Breach, Repudiation, and Excuse.
Sec. 45.02.601. Buyer's rights on improper delivery.
Sec. 45.02.602. Manner and effect of rightful rejection.
Sec. 45.02.603. Merchant buyer's duties as to rightfully rejected goods.
Sec. 45.02.604. Buyer's options as to salvage of rightfully rejected goods.
Sec. 45.02.605. Waiver of buyer's objections by failure to particularize.
Sec. 45.02.606. What constitutes acceptance of goods.
Sec. 45.02.608. Revocation of acceptance in whole or in part.
Sec. 45.02.609. Right to adequate assurance of performance.
Sec. 45.02.610. Anticipatory repudiation.
Sec. 45.02.611. Retraction of anticipatory repudiation.
Sec. 45.02.612. “Installment contract”; breach.
Sec. 45.02.613. Casualty to identified goods.
Sec. 45.02.614. Substituted performance.
Sec. 45.02.615. Excuse by failure of presupposed conditions.