N.Y. Uniform Commercial Code 2-704 – Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods
Section 2–704. Seller's Right to Identify Goods to the Contract
Terms Used In N.Y. Uniform Commercial Code 2-704
- Contract: A legal written agreement that becomes binding when signed.
- Seller: means a person who sells or contracts to sell goods. See N.Y. Uniform Commercial Code 2-103
Notwithstanding Breach or to Salvage Unfinished Goods.
(1) An aggrieved seller under the preceding section may
(a) identify to the contract conforming goods not already
identified if at the time he learned of the breach they are
in his possession or control;
(b) treat as the subject of resale goods which have demonstrably
been intended for the particular contract even though those
goods are unfinished.
(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.