N.Y. Uniform Commercial Code Law Section 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.

Source: Section 2-612 — "Installment Contract"; Breach, https://www.­nysenate.­gov/legislation/laws/UCC/2-612 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 2-612’s source at nysenate​.gov

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