Nevada § 104.2615 - Excuse by failure of presupposed conditions

§ 104.2615. Excuse by failure of presupposed conditions

Except so far as a seller may have assumed a greater obligation and subject to the

preceding section on substituted performance: 1. Delay in delivery or nondelivery in whole or in part by a seller who complies with

subsections 2 and 3 is not a breach of the seller's duty under a contract for sale

if performance as agreed has been made impracticable by the occurrence of a contingency

the nonoccurrence of which was a basic assumption on which the contract was made or

by compliance in good faith with any applicable foreign or domestic governmental regulation

or order whether or not it later proves to be invalid. 2. Where the causes mentioned in subsection 1 affect only a part of the seller's capacity

to perform, the seller must allocate production and deliveries among his or her customers

but may at his or her option include regular customers not then under contract as

well as his or her own requirements for further manufacture. The seller may so allocate in any manner which is fair and reasonable. 3. The seller must notify the buyer seasonably that there will be delay or nondelivery

and, when allocation is required under subsection 2, of the estimated quota thus made

available for the buyer.