Idaho State Statutes - Idaho Attorney Directory

(1) An
agreement for sale which is otherwise sufficiently definite (subsection (3) of
section 28-2-204) to be a contract is not made invalid by the fact that it
leaves particulars of performance to be specified by one of the parties. Any
such specification must be made in good faith and within limits set by
commercial reasonableness.
(2) Unless otherwise agreed specifications relating to assortment of the
goods are at the buyer's option and except as otherwise provided in
subsections (1)(c) and (3) of section 28-2-319 specifications or arrangements
relating to shipment are at the seller's option.
(3) Where such specification would materially affect the other party's
performance but is not seasonably made or where one party's cooperation is
necessary to the agreed performance of the other but is not seasonably
forthcoming, the other party in addition to all other remedies
(a) is excused for any resulting delay in his own performance; and
(b) may also either proceed to perform in any reasonable manner or after
the time for a material part of his own performance treat the failure to
specify or to cooperate as a breach by failure to deliver or accept the
goods.

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