Page 384 - Important Provisions of The New Civil Code

Article 1583. Unless otherwise agreed, the

buyer of goods is not bound to accept delivery

thereof by installments.

Where there is a contract of sale of goods to be

delivered by stated installments, which are to be

separately paid for, and the seller makes

defective deliveries in respect of one or more

instalments, or the buyer neglects or refuses

without just cause to take delivery of or pay for

one more instalments, it depends in each case

on the terms of the contract and the

circumstances of the case, whether the breach

of contract is so material as to justify the injured

party in refusing to proceed further and suing

for damages for breach of the entire contract,

or whether the breach is severable, giving rise

to a claim for compensation but not to a right

to treat the whole contract as broken. (n)