The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9A V.S.A. § 2-614)
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§ 2—614. Substituted performance
(1) Where without fault of either party the agreed berthing, loading, or unloading facilities
fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery
otherwise becomes commercially impracticable but a commercially reasonable substitute
is available, such substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or foreign governmental
regulation, the seller may withhold or stop delivery unless the buyer provides a means
or manner of payment which is commercially a substantial equivalent. If delivery
has already been taken, payment by the means or in the manner provided by the regulation
discharges the buyer’s obligation unless the regulation is discriminatory, oppressive
or predatory.