Sec. 2613.
Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a "no arrival, no sale" term (section 2324) then
(a) if the loss is total the contract is avoided; and
(b) if the loss is partial or the goods have so deteriorated as no longer to conform to the contract the buyer may nevertheless demand inspection and at his option either treat the contract as avoided or accept the goods with due allowance from the contract price for the deterioration or the deficiency in quantity but without further right against the seller.
History: 1962, Act 174, Eff. Jan. 1, 1964
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 2 - Sales (440.2101...440.2725)
174-1962-2-6 - Part 6 Breach, Repudiation and Excuse (440.2601...440.2616)
Section 440.2601 - Improper Delivery; Buyer's Rights.
Section 440.2602 - Rejection of Goods.
Section 440.2603 - Rejection of Goods; Merchant Buyer's Duties.
Section 440.2604 - Rejection of Goods; Buyer's Options.
Section 440.2605 - Rejection of Goods; Failure of Buyer to Particularize Defect.
Section 440.2606 - Acceptance of Goods; Occurrence.
Section 440.2608 - Acceptance of Goods; Revocation, Time, Notice, Effect.
Section 440.2609 - Contract for Sale; Performance; Insecurity, Demand, Assurance of Due Performance.
Section 440.2610 - Anticipatory Repudiation.
Section 440.2611 - Anticipatory Repudiation; Retraction.
Section 440.2612 - Installment Contract; Breach.
Section 440.2613 - Casualty to Identified Goods; Total Loss; Partial Loss, Option of Buyer.
Section 440.2614 - Substituted Performance; Acceptance, Payment.
Section 440.2615 - Failure of Presupposed Conditions; Nondelivery, Partial Delivery, Excuse.