Massachusetts General Laws ch. 106 sec. 2-612 – ”Installment Contract”; Breach
Section 2–612. (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.
Terms Used In Massachusetts General Laws ch. 106 sec. 2-612
- Buyer: means a person who buys or contracts to buy goods. See Massachusetts General Laws ch. 106 sec. 2-103
- Contract: A legal written agreement that becomes binding when signed.
- Seller: means a person who sells or contracts to sell goods. See Massachusetts General Laws ch. 106 sec. 2-103
(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.