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§12A-2-612.
§12A-2-612.
(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 nonconforming if the
nonconformity substantially impairs the value of that installment and
cannot be cured or if the nonconformity is a defect in the required
documents; but if the nonconformity does not fall within subsection
(3) and the seller gives adequate assurance of its cure the buyer must
accept that installment.
(3) Whenever nonconformity 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 nonconforming 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.
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