HRS §490:2-616
What a buyer can do when a seller says delivery will be late
If a seller tells a buyer that delivery will be late or short, the buyer can cancel the part of the contract not yet fulfilled, or agree to take what is available. If the buyer does not respond within a reasonable time (up to 30 days), the contract ends for those deliveries. This rule cannot be changed by agreement unless the seller took on a bigger duty.
buyers
The statute, as written — Procedure on notice claiming excuse
(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this article relating to breach of installment contracts (section 490:2-612), then also as to the whole, (a) Terminate and thereby discharge any unexecuted portion of the contract; or (b) Modify the contract by agreeing to take his available quota in substitution. (2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected. (3) The provisions of this section may not be negated by agreement except insofar as the seller has assumed a greater obligation under the preceding section.
Sections this one refers to
§490:2-612 What counts as an installment contract and when a bad delivery breaks the deal
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