New Jersey § 12a:2-615

§ 12a:2-615.

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

preceding section on substituted performance: (a) Delay in delivery or non-delivery in whole or in part by a seller who complies

with paragraphs (b) and (c) is not a breach of his duty under a contract for sale

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

the non-occurrence 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. (b) Where the causes mentioned in paragraph (a) affect only a part of the seller's

capacity to perform, he must allocate production and deliveries among his customers

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

his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable. (c) The seller must notify the buyer seasonably that there will be delay or non-delivery

and, when allocation is required under paragraph (b), of the estimated quota thus

made available for the buyer.