(1) Where the buyer receives notification of a material or indefinite
delay or an allocation justified under the preceding section he 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 Article relating to breach
of installment contracts (Section 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 his 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
thirty days the contract lapses with respect to any deliveries affected.
(3) The provisions of this section may not be negated by agreement
except in so far as the seller has assumed a greater obligation under
the preceding section.
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.