28-2-306. OUTPUT, REQUIREMENTS AND EXCLUSIVE DEALINGS. (1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.
(2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.
History:
[28-2-306, added 1967, ch. 161, sec. 2-306, p. 351.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Part 3 - GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
Section 28-2-301 - GENERAL OBLIGATIONS OF PARTIES.
Section 28-2-302 - UNCONSCIONABLE CONTRACT OR CLAUSE.
Section 28-2-303 - ALLOCATION OR DIVISION OF RISKS.
Section 28-2-304 - PRICE PAYABLE IN MONEY, GOODS, REALTY, OR OTHERWISE.
Section 28-2-305 - OPEN PRICE TERM.
Section 28-2-306 - OUTPUT, REQUIREMENTS AND EXCLUSIVE DEALINGS.
Section 28-2-307 - DELIVERY IN SINGLE LOT OR SEVERAL LOTS.
Section 28-2-308 - ABSENCE OF SPECIFIED PLACE FOR DELIVERY.
Section 28-2-309 - ABSENCE OF SPECIFIC TIME PROVISIONS — NOTICE OF TERMINATION.
Section 28-2-310 - OPEN TIME FOR PAYMENT OR RUNNING OF CREDIT — AUTHORITY TO SHIP UNDER RESERVATION.
Section 28-2-311 - OPTIONS AND COOPERATION RESPECTING PERFORMANCE.
Section 28-2-313 - EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, DESCRIPTION, SAMPLE.
Section 28-2-314 - IMPLIED WARRANTY — MERCHANTABILITY — USAGE OF TRADE.
Section 28-2-315 - IMPLIED WARRANTY — FITNESS FOR PARTICULAR PURPOSE.
Section 28-2-316 - EXCLUSION OR MODIFICATION OF WARRANTIES.
Section 28-2-317 - CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED.
Section 28-2-318 - THIRD PARTY BENEFICIARIES OF WARRANTIES EXPRESS OR IMPLIED.
Section 28-2-319 - F.O.B. AND F.A.S. TERMS.
Section 28-2-320 - C.I.F. AND C. & F. TERMS.
Section 28-2-322 - DELIVERY “EX-SHIP.”
Section 28-2-323 - FORM OF BILL OF LADING REQUIRED IN OVERSEAS SHIPMENT — “OVERSEAS.”
Section 28-2-324 - “NO ARRIVAL, NO SALE” TERM.
Section 28-2-325 - “LETTER OF CREDIT” TERM — “CONFIRMED CREDIT.”
Section 28-2-326 - SALE ON APPROVAL AND SALE OR RETURN — RIGHTS OF CREDITORS.
Section 28-2-327 - SPECIAL INCIDENTS OF SALE ON APPROVAL AND SALE OR RETURN.
Section 28-2-328 - SALE BY AUCTION.
Section 28-2-329 - VOLUNTARY AND UNSOLICITED SENDING OF GOODS.