Next Generation Bar Exam Quiz
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CONTRACTS
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Seller agreed to sell 10,000 circuit boards to Buyer. The contract contained this clause: 'Seller will not be liable for delay or non-delivery caused by fire, flood, strike, embargo, or failure of Seller's suppliers to deliver materials, provided Seller gives Buyer written notice of the event within 10 days after Seller learns of it.' Seller's sole supplier of a key chip was destroyed by fire. Seller learned of the fire on March 1, could not obtain chips elsewhere, and did not notify Buyer until March 20. Seller now refuses to deliver.
UCC § 2-615(c) provides: 'The seller must notify the buyer seasonably that there will be delay or non-delivery...'
UCC § 1-302(a) provides: 'Except as otherwise provided in this Act, the effect of provisions of this Act may be varied by agreement.'
Which of the following is most accurate regarding Seller's obligation?
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