Sec. 2614.
(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: 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.