New York Consolidated Laws

N.Y. Uniform Commercial Code § 2-612 (2026)

"Installment Contract"; Breach

✓ current as of May 2026
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Section 2--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 non-conforming if
the non-conformity substantially impairs the value of that installment
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 installment.
  (3) Whenever non-conformity 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 he accepts a non-conforming installment without seasonably
notifying of cancellation or if he brings an action with respect only to
past installments or demands performance as to future installments.