Sec. 2.612. "INSTALLMENT CONTRACT"; BREACH. (a) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.
(b) The buyer may reject any installment which is non-conforming if the non-conformity substantially impairs the value of that installment and cannot be cured or if the non-conformity is a defect in the required documents; but if the non-conformity does not fall within Subsection (c) and the seller gives adequate assurance of its cure the buyer must accept that installment.
(c) Whenever non-conformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a non-conforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Subchapter F. Breach, Repudiation and Excuse
Section 2.601. Buyer's Rights on Improper Delivery
Section 2.602. Manner and Effect of Rightful Rejection
Section 2.603. Merchant Buyer's Duties as to Rightfully Rejected Goods
Section 2.604. Buyer's Options as to Salvage of Rightfully Rejected Goods
Section 2.605. Waiver of Buyer's Objections by Failure to Particularize
Section 2.606. What Constitutes Acceptance of Goods
Section 2.608. Revocation of Acceptance in Whole or in Part
Section 2.609. Right to Adequate Assurance of Performance
Section 2.610. Anticipatory Repudiation
Section 2.611. Retraction of Anticipatory Repudiation
Section 2.612. "Installment Contract"; Breach
Section 2.613. Casualty to Identified Goods
Section 2.614. Substituted Performance