A. Specific performance may be decreed if the goods are unique or in other proper circumstances. In a contract other than a consumer contract, specific performance may be decreed if the parties have agreed to that remedy. However, even if the parties agree to specific performance, specific performance may not be decreed if the breaching party’s sole remaining contractual obligation is the payment of money.

B. The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.

C. The buyer has a right of replevin or similar remedy for goods identified to the contract if after reasonable effort the buyer is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered.

D. The buyer’s right under subsection (C) of this section vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver. ONCA 13-23, eff. Sept. 24, 2013.