28-2-612. "INSTALLMENT CONTRACT" — BREACH. (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 nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.
(3) Whenever nonconformity 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 accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.
History:
[28-2-612, added 1967, ch. 161, sec. 2-612, p. 351.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Part 6 - BREACH, REPUDIATION AND EXCUSE
Section 28-2-601 - BUYER’S RIGHTS ON IMPROPER DELIVERY.
Section 28-2-602 - MANNER AND EFFECT OF RIGHTFUL REJECTION.
Section 28-2-603 - MERCHANT BUYER’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
Section 28-2-604 - BUYER’S OPTIONS AS TO SALVAGE OF RIGHTFULLY REJECTED GOODS.
Section 28-2-605 - WAIVER OF BUYER’S OBJECTIONS BY FAILURE TO PARTICULARIZE.
Section 28-2-606 - WHAT CONSTITUTES ACCEPTANCE OF GOODS.
Section 28-2-608 - REVOCATION OF ACCEPTANCE IN WHOLE OR IN PART.
Section 28-2-609 - RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE.
Section 28-2-610 - ANTICIPATORY REPUDIATION.
Section 28-2-611 - RETRACTION OF ANTICIPATORY REPUDIATION.
Section 28-2-612 - “INSTALLMENT CONTRACT” — BREACH.
Section 28-2-613 - CASUALTY TO IDENTIFIED GOODS.
Section 28-2-614 - SUBSTITUTED PERFORMANCE.
Section 28-2-615 - EXCUSE BY FAILURE OF PRESUPPOSED CONDITIONS.