Big Auto Co. plans to give away 50,000 DVDs as a promotion for its new car, to be introduced October 1. VidKids Inc. has promised to copy, package and deliver the discs no later than September 20. On September 1, Big learns that VidKids has not yet begun to package the DVDs.
A. What rights under the UCC does Big have at this time?
B. Suppose VidKids’ president calls Big and admits, “We’re having a lot of staff problems. The earliest we’re going to get you the DVDs is mid- or late October.” What rights under the UCC do Big and VidKids have?