(1) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if
(a) nothing is said as to price; or
(b) the price is left to be agreed by the parties and they fail to agree; or
(c) the price to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.
(2) A price to be fixed by the seller or by the buyer means a price for him or her to fix in good faith.
(3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his or her option treat the contract as cancelled or himself or herself fix a reasonable price.
(4) Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.
Structure Delaware Code
Part 3. General Obligation and Construction of Contract
§ 2-301. General obligations of parties.
§ 2-302. Unconscionable contract or clause.
§ 2-303. Allocation or division of risks.
§ 2-304. Price payable in money, goods, realty, or otherwise.
§ 2-306. Output, requirements and exclusive dealings.
§ 2-307. Delivery in single lot or several lots.
§ 2-308. Absence of specified place for delivery.
§ 2-309. Absence of specific time provisions; notice of termination.
§ 2-310. Open time for payment or running of credit; authority to ship under reservation.
§ 2-311. Options and cooperation respecting performance.
§ 2-312. Warranty of title and against infringement; buyer's obligation against infringement.
§ 2-313. Express warranties by affirmation, promise, description, sample.
§ 2-314. Implied warranty; merchantability; usage of trade.
§ 2-315. Implied warranty; fitness for particular purpose.
§ 2-316. Exclusion or modification of warranties.
§ 2-317. Cumulation and conflict of warranties express or implied.
§ 2-318. Third party beneficiaries of warranties express or implied.
§ 2-319. F.O.B. and F.A.S. terms.
§ 2-320. C.I.F. and C. & F. terms.
§ 2-323. Form of bill of lading required in overseas shipment; “overseas.”
§ 2-324. “No arrival, no sale” term.
§ 2-325. “Letter of credit” term; “confirmed credit.”
§ 2-326. Sale on approval and sale or return; rights of creditors.
§ 2-327. Special incidents of sale on approval and sale or return.