Tex. Bus. & Com. Code § 2.612 · Subchapter F. BREACH, REPUDIATION AND EXCUSE
"INSTALLMENT CONTRACT"; BREACH.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) 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.
(b) 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 (c) and the seller gives adequate assurance of its cure the buyer must accept that installment.
(c) 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.
Notes and commentary — not statutory text
History
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.2.htm
- Text hash
- sha256 2805c2061aaf7af8fbc512df299878bac5cd731e384ddfdcf7f880b783c04891
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 5 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 2.612. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 2.103DEFINITIONS AND INDEX OF DEFINITIONS.Printed as Section 2.612
- Tex. Bus. & Com. Code § 2.601BUYER'S RIGHTS ON IMPROPER DELIVERY.Printed as Section 2.612
- Tex. Bus. & Com. Code § 2.616PROCEDURE ON NOTICE CLAIMING EXCUSE.Printed as Section 2.612
- Tex. Bus. & Com. Code § 2.703SELLER'S REMEDIES IN GENERAL.Printed as Section 2.612
- Tex. Bus. & Com. Code § 2.711BUYER'S REMEDIES IN GENERAL; BUYER'S SECURITY INTEREST IN REJECTED GOODS.Printed as Section 2.612
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.