41-02-23. (2-306) Output, requirements, and exclusive dealings.
113 words·~1 min read·
/nd/title-41/chapter-41-02-sales/41-02-23·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A term which measures the quantity by the output of the seller or the requirements of
the buyer means such actual output or requirements as may occur in good faith,
except that no quantity unreasonably disproportionate to any stated estimate or in the
absence of a stated estimate to any normal or otherwise comparable prior output or
requirements may be tendered or demanded.
2. A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of
goods concerned imposes, unless otherwise agreed, an obligation by the seller to use
best efforts to supply the goods and by the buyer to use best efforts to promote their
sale.