Source: L. 65: p. 1334, § 1. C.R.S. 1963: § 155-2-616.
Prior Uniform Statutory Provision: None.
Purposes:
This section seeks to establish simple and workable machinery for providing certainty as to when a supervening and excusing contingency "excuses" the delay, "discharges" the contract, or may result in a waiver of the delay by the buyer. When the seller notifies, in accordance with the preceding section, claiming excuse, the buyer may acquiesce, in which case the contract is so modified. No consideration is necessary in a case of this kind to support such a modification. If the buyer does not elect so to modify the contract, he may terminate it and under subsection (2) his silence after receiving the seller's claim of excuse operates as such a termination. Subsection (3) denies effect to any contract clause made in advance of trouble which would require the buyer to stand ready to take delivery whenever the seller is excused from delivery by unforeseen circumstances.
Cross References:
Point 1: Sections 4-2-209 and 4-2-615.
Definitional Cross References:
"Buyer". Section 4-2-103.
"Contract". Section 4-1-201.
"Installment contract". Section 4-2-612.
"Notification". Section 4-1-201.
"Reasonable time". Section 4-1-204.
"Seller". Section 4-2-103.
"Termination". Section 4-2-106.
"Written". Section 4-1-201.
Structure Colorado Code
Title 4 - 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