§ 2614. Substituted performance.
(a) Manner of delivery.--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.
(b) Manner of payment.--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 obligation of the buyer unless the regulation is discriminatory, oppressive or predatory.
Cross References. Section 2614 is referred to in section 2615 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 26 - Breach, Repudiation and Excuse
Section 2601 - Rights of buyer on improper delivery
Section 2602 - Manner and effect of rightful rejection
Section 2603 - Duties of merchant buyer as to rightfully rejected goods
Section 2604 - Options of buyer as to salvage of rightfully rejected goods
Section 2605 - Waiver of objections of buyer by failure to particularize
Section 2606 - What constitutes acceptance of goods
Section 2608 - Revocation of acceptance in whole or in part
Section 2609 - Right to adequate assurance of performance
Section 2610 - Anticipatory repudiation
Section 2611 - Retraction of anticipatory repudiation
Section 2612 - "Installment contract"; breach
Section 2613 - Casualty to identified goods
Section 2614 - Substituted performance