(1) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.
(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.
(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.
(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty (30) days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.
History. Acts 1961, No. 185, § 2-609; A.S.A. 1947, § 85-2-609.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
Part 6 - Breach, Repudiation, and Excuse
§ 4-2-601. Buyer's rights on improper delivery
§ 4-2-602. Manner and effect of rightful rejection
§ 4-2-603. Merchant buyer's duties as to rightfully rejected goods
§ 4-2-604. Buyer's options as to salvage of rightfully rejected goods
§ 4-2-605. Waiver of buyer's objections by failure to particularize
§ 4-2-606. What constitutes acceptance of goods
§ 4-2-608. Revocation of acceptance in whole or in part
§ 4-2-609. Right to adequate assurance of performance
§ 4-2-610. Anticipatory repudiation
§ 4-2-611. Retraction of anticipatory repudiation
§ 4-2-612. “Installment contract” — Breach
§ 4-2-613. Casualty to identified goods
§ 4-2-614. Substituted performance