(810 ILCS 5/2-311) (from Ch. 26, par. 2-311)
Sec. 2-311.
Options and cooperation respecting performance.
(1) An agreement for sale which is otherwise sufficiently definite
(subsection (3) of Section 2-204 to be a contract is not made invalid by
the fact that it leaves particulars of performance to be specified by one
of the parties. Any such specification must be made in good faith and
within limits set by commercial reasonableness.
(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 Section 2-319 specifications or
arrangements relating to shipment are at the seller's option.
(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 |
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(b) may also either proceed to perform in any
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| 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.
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(Source: Laws 1961, 1st SS., p. 7 .)
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