(1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer’s obligation unless the regulation is discriminatory, oppressive or predatory.
History.—s. 1, ch. 65-254.
Note.—s. 2-614, U.C.C.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 672 - Uniform Commercial Code: Sales
Part VI - Breach, Repudiation, and Excuse (Ss. 672.601-672.616)
672.601 - Buyer’s rights on improper delivery.
672.602 - Manner and effect of rightful rejection.
672.603 - Merchant buyer’s duties as to rightfully rejected goods.
672.604 - Buyer’s options as to salvage of rightfully rejected goods.
672.605 - Waiver of buyer’s objections by failure to particularize.
672.606 - What constitutes acceptance of goods.
672.608 - Revocation of acceptance in whole or in part.
672.609 - Right to adequate assurance of performance.
672.610 - Anticipatory repudiation.
672.611 - Retraction of anticipatory repudiation.
672.612 - “Installment contract”; breach.
672.613 - Casualty to identified goods.
672.614 - Substituted performance.