2006 Minnesota Code
Chapters 324 - 338 Trade Regulations, Consumer Protection
Chapter 336 Uniform Commercial Code
Section 336.2-616 PROCEDURE ON NOTICE CLAIMING EXCUSE.

336.2-616 PROCEDURE ON NOTICE CLAIMING EXCUSE.
(1) Where the buyer receives notification of a material or indefinite delay or an allocation
justified under the preceding section the buyer 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 336.2-612), 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 the 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 30 days the contract lapses with respect to any
deliveries affected.
(3) The provisions of this section may not be negated by agreement except insofar as the
seller has assumed a greater obligation under the preceding section.
History: 1965 c 811 s 336.2-616; 1986 c 444