(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 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 or she accepts a non-conforming installment without seasonably notifying of cancellation or if he or she brings an action with respect only to past installments or demands performance as to future installments.
Structure Delaware Code
Part 6. Breach, Repudiation and Excuse
§ 2-601. Buyer's rights on improper delivery.
§ 2-602. Manner and effect of rightful rejection.
§ 2-603. Merchant buyer's duties as to rightfully rejected goods.
§ 2-604. Buyer's options as to salvage of rightfully rejected goods.
§ 2-605. Waiver of buyer's objections by failure to particularize.
§ 2-606. What constitutes acceptance of goods.
§ 2-608. Revocation of acceptance in whole or in part.
§ 2-609. Right to adequate assurance of performance.
§ 2-610. Anticipatory repudiation.
§ 2-611. Retraction of anticipatory repudiation.
§ 2-612. “Installment contract”; breach.
§ 2-613. Casualty to identified goods.
§ 2-614. Substituted performance.