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Indiana Code

Ind. Code § 26-1-2-612 (2025)

"Instalment contract"; breach

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 612. (1) An "instalment 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 instalment which is non-conforming if the non-conformity substantially impairs the value of that instalment and cannot be cured or if the non-conformity is a defect in the required documents; but if the non-conformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that instalment.

     (3) Whenever non-conformity or default with respect to one (1) or more instalments 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 non-conforming instalment without seasonably notifying of cancellation or if he brings an action with respect only to past instalments or demands performance as to future instalments.

Formerly: Acts 1963, c.317, s.2-612.

 

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2001–2023 · leading case: Medcap Corp. v. Betsy Johnson Health Care Sys., Inc., 16 F. App'x 180 (4th Cir. 2001).
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Medcap Corp. v. Betsy Johnson Health Care Sys., Inc., 16 F. App'x 180 (4th Cir. 2001). “” Ind.Code Ann. § 26-1-2-612(1) (Michie 1992) (defining “installment contract”).”
Wayne Mfg. LLC v. Cold Headed Fasteners & Assemblies Inc, 694 F. Supp. 3d 1064 (N.D. Ind. 2023). · cites it 19× “Indiana Code § 26-1-2-612, Indiana’s version of the UCC, governs installment contracts.”
BRC Rubber & Plastics Inc v. Cont'l Carbon Co., No. 1:11-cv-00190, 2019 WL 3985900 (N.D. Ind. Aug. 22, 2019). · cites it 8× “§ 2-612, with Ind. Code § 26-1-2-612 . An instalments 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.”
Ind. Code § 26-1-2-612(1): 1 case
Medcap Corp. v. Betsy Johnson Health Care Sys., Inc., 16 F. App'x 180 (4th Cir. 2001). “” Ind.Code Ann. § 26-1-2-612(1) (Michie 1992) (defining “installment contract”).”
Ind. Code § 26-1-2-612(2): 1 case
BRC Rubber & Plastics Inc v. Cont'l Carbon Co., No. 1:11-cv-00190, 2019 WL 3985900 (N.D. Ind. Aug. 22, 2019). “§ 2-612, with Ind. Code § 26-1-2-612 . An instalments 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.”
Ind. Code § 26-1-2-612(3): 1 case
BRC Rubber & Plastics Inc v. Cont'l Carbon Co., No. 1:11-cv-00190, 2019 WL 3985900 (N.D. Ind. Aug. 22, 2019). “§ 2-612, with Ind. Code § 26-1-2-612 . An instalments 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.”
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