South Carolina Code 36-2-311. Options and cooperation respecting performance
(2) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer‘s option and except as otherwise provided in subsections (1)(c) and (3) of § 36-2-319 specifications or arrangements relating to shipment are at the seller‘s option.
Terms Used In South Carolina Code 36-2-311
- Buyer: means a person who buys or contracts to buy goods. See South Carolina Code 36-2-103
- Contract: A legal written agreement that becomes binding when signed.
- Seller: means a person who sells or contracts to sell goods. See South Carolina Code 36-2-103
(3) Where such specification would materially affect the other party’s performance but is not seasonably made or where 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
(a) is excused for any resulting delay in his own performance; and
(b) may also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.