Florida Statute 672.612 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.612

672.612 “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 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 she or he accepts a nonconforming installment without seasonably notifying of cancellation or if she or he brings an action with respect only to past installments or demands performance as to future installments.

History.—s. 1, ch. 65-254; s. 597, ch. 97-102.

Note.—s. 2-612, U.C.C.

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Amendments to 672.612

Annotations, Discussions, Cases:

Cases Citing Statute 672.612

Total Results: 2

Parsons v. Motor Homes of America

465 So. 2d 1285, 10 Fla. L. Weekly 576

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1695098

Cited 19 times | Published

The UCC remedies include, (1) cancellation Section 672.612; (2) "cover" and damages for non-delivery

Validsa, Inc. v. PDVSA Services Inc.

632 F. Supp. 2d 1219, 2009 U.S. Dist. LEXIS 59162, 2009 WL 2029958

District Court, S.D. Florida | Filed: Jul 10, 2009 | Docket: 2113520

Cited 4 times | Published

failing to perform on time); see also Fla. Stat. § 672.612(2) (nonperformance under an installment contract