(1) An agreement for sale which is otherwise sufficiently definite (subsection (3) of Section 2-204) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness.
(2) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer's option and except as otherwise provided in subsections (1)(c) and (3) of Section 2-319 specifications or arrangements relating to shipment are at the seller's option.
(3) Where such specification would materially affect the other party's performance but is not seasonably made or where one party's cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies
(a) is excused for any resulting delay in his or her own performance; and
(b) may also either proceed to perform in any reasonable manner or after the time for a material part of his or her own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.
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.