(a) Delay in delivery or non-delivery in whole or in part by a seller
who complies with paragraphs (b) and (c) is not a breach of his duty
under a contract for sale if performance as agreed has been made
impracticable by the occurrence of a contingency the non-occurrence of
which was a basic assumption on which the contract was made or by
compliance in good faith with any applicable foreign or domestic
governmental regulation or order whether or not it later proves to be
invalid.
(b) Where the causes mentioned in paragraph (a) affect only a part of
the seller's capacity to perform, he must allocate production and
deliveries among his customers but may at his option include regular
customers not then under contract as well as his own requirements for
further manufacture. He may so allocate in any manner which is fair and
reasonable.
(c) The seller must notify the buyer seasonably that there will be
delay or non-delivery and, when allocation is required under paragraph
(b), of the estimated quota thus made available for the buyer.
Structure New York Laws
Part 6 - Breach, Repudiation and Excuse
2-601 - Buyer's Rights on Improper Delivery.
2-602 - Manner and Effect of Rightful Rejection.
2-603 - Merchant Buyer's Duties as to Rightfully Rejected Goods.
2-604 - Buyer's Options as to Salvage of Rightfully Rejected Goods.
2-605 - Waiver of Buyer's Objections by Failure to Particularize.
2-606 - What Constitutes Acceptance of Goods.
2-608 - Revocation of Acceptance in Whole or in Part.
2-609 - Right to Adequate Assurance of Performance.
2-610 - Anticipatory Repudiation.
2-611 - Retraction of Anticipatory Repudiation.
2-612 - "Installment Contract"; Breach.
2-613 - Casualty to Identified Goods.
2-614 - Substituted Performance.