30-2-616. Procedure on notice claiming excuse. (1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section it may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this chapter relating to breach of installment contracts (30-2-612), then also as to the whole:
(a) terminate and thereby discharge any unexecuted portion of the contract; or
(b) modify the contract by agreeing to take its available quota in substitution.
(2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding 30 days the contract lapses with respect to any deliveries affected.
(3) The provisions of this section may not be negated by agreement except insofar as the seller has assumed a greater obligation under the preceding section.
History: En. Sec. 2-616, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-616; amd. Sec. 873, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 2. Uniform Commercial Code Sales
Part 6. Breach, Repudiation, and Excuse
30-2-601. Buyer's rights on improper delivery
30-2-602. Manner and effect of rightful rejection
30-2-603. Merchant buyer's duties as to rightfully rejected goods
30-2-604. Buyer's options as to salvage of rightfully rejected goods
30-2-605. Waiver of buyer's objections by failure to particularize
30-2-606. What constitutes acceptance of goods
30-2-608. Revocation of acceptance in whole or in part
30-2-609. Right to adequate assurance of performance
30-2-610. Anticipatory repudiation
30-2-611. Retraction of anticipatory repudiation
30-2-612. "Installment contract" -- breach
30-2-613. Casualty to identified goods
30-2-614. Substituted performance