2010 New York Code
UCC - Uniform Commercial Code
Article 2 - SALES
Part 6 - (2-601 - 2-616) BREACH, REPUDIATION AND EXCUSE
2-612 - "Installment Contract"; Breach.

Section 2--612. "Installment Contract"; Breach.
    (1)  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.
    (2) 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 (3)
  and the seller gives adequate assurance  of  its  cure  the  buyer  must
  accept that installment.
    (3)  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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.