554.2615 Excuse by failure of presupposed conditions. Except so far as a seller may have assumed a greater obligation and subject to section 554.2614 on substituted performance: 1. Delay in delivery or nondelivery in whole or in part by a seller who complies with subsections 2 and 3, is not a breach of the seller’s duty under a contract for sale if performanceas agreed has been made impracticable by the occurrence of a contingency the nonoccurrenceof which was a basic assumption on which the contract was made or by compliance in goodfaith with any applicable foreign or domestic governmental regulation or order whether ornot it later proves to be invalid. 2. Where the causes mentioned in subsection 1 affect only a part of the seller’s capacity to perform, the seller must allocate production and deliveries among the seller’s customers butmay at the seller’s option include regular customers not then under contract as well as theseller’s own requirements for further manufacture. The seller may so allocate in any mannerwhich is fair and reasonable. 3. The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under subsection 2, may so allocate in any mannerwhich is fair and reasonable. 3. The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under subsection 2, of the estimated quota thus made availablefor the buyer. [C66, 71, 73, 75, 77, 79, 81, §554.2615]2008 Acts, ch 1032, §71; 2009 Acts, ch 41, §259Referred to in §554.2616 Sat Dec 23 01:51:26 2023 Iowa Code 2024, Section 554.2615 (25, 0)
Iowa Legal Code