(1) An “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause “each delivery is a separate contract” or its equivalent.
(2) The buyer may reject any installment which is non-conforming if the non-conformity substantially impairs the value of that installment and cannot be cured or if the non-conformity is a defect in the required documents; but if the non-conformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.
(3) Whenever non-conformity or default with respect to one (1) or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a non-conforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.
History. Acts 1961, No. 185, § 2-612; A.S.A. 1947, § 85-2-612.
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