Home Table of Contents

§ 2-616. Procedure on notice claiming excuse

West's Annotated Code of MarylandCommercial Law

West's Annotated Code of Maryland
Commercial Law
Title 2. Sales (Refs & Annos)
Subtitle 6. Breach, Repudiation and Excuse (Refs & Annos)
MD Code, Commercial Law, § 2-616
§ 2-616. Procedure on notice claiming excuse
Currentness
(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he 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 title relating to breach of installment contracts (§ 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 his 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 thirty 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.

Credits

Added by Acts 1975, c. 49, § 2, eff. July 1, 1975.
Formerly Art. 95B, § 2-616.
MD Code, Commercial Law, § 2-616, MD COML § 2-616
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document