Section 45.02.311. Options and cooperation respecting performance.

   (a) An agreement for sale that is otherwise sufficiently definite (AS 45.02.204(c)) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties.  The specification must be made in good faith and within limits set by commercial reasonableness.
   (b) Unless otherwise agreed, specifications relating to assortment of the goods are at the buyer's option and, except as otherwise provided in AS 45.02.319(a)(3) and (c), specifications or arrangements relating to shipment are at the seller's option.
   (c) If the specification would materially affect the other party's performance but is not seasonably made or if one party's cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies
        (1) is excused for a resulting delay in the party's own performance; and
        (2) may either proceed to perform in a reasonable manner or, after the time for a material part of the party's own performance, treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.

Authorities

45.02.319

Notes

References

AS 45.02.319 F.O.B. and F.A.S. terms.

History

(Sec. 2.311 ch 114 SLA 1962)