HRS §490:2-614
Substitute performance when the original deal becomes impossible
This section covers what happens when the original way to deliver or pay for goods fails through no one's fault. If a reasonable substitute is available, both sides must use it. If payment rules change due to government regulation, the seller can hold back delivery unless the buyer offers an equivalent payment method.
buyerssurveyors
The statute, as written — Substituted performance
(1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted. (2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer's obligation unless the regulation is discriminatory, oppressive or predatory.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.