138

LAWS OF MARYLAND

[Ch. 49

[subtitle] TITLE (§ 2-609).

(3) Retraction reinstates the repudiating party's
rights under the contract with due excuse and allowance
to the aggrieved party for any delay occasioned by the
repudiation.

2—612. "Installment contract"; breach.

(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.

(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.

2—613. Casualty to identified goods.

where the contract requires for its performance
goods identified when the contract is made and the goods
suffer casualty without fault of either party before the
risk of loss passes to the buyer, or in a proper case
under a "no arrival, no sale" term (§ 2—324) then

(a)   If the loss is total the contract is
avoided; and

(b)    If the loss is partial or the goods have
so deteriorated as no longer to conform to the contract
the buyer may nevertheless demand inspection and at his
option either treat the contract as avoided or accept the
goods with due allowance from the contract price for the
deterioration or the deficiency in quantity but without
further right against the seller.

2—614. Substituted performance.

(1) where without fault of either party the agreed