- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 2. Sales
- Section 614. Substituted Performance.
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AS 45.02.614. Substituted Performance.
- (a) If 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, the substitute performance must be tendered and accepted.
- (b) 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 that 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.
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