§2-615. Excuse by failure of presupposed conditions
Except so far as a seller may have assumed a greater obligation and subject to section 2-614 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 his 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, 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.
(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.
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