KRS 355.2-614: 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.