Title 11, Chapter 2, Section 503
( 11-2-503)
Manner of seller's tender of delivery. (1) Tender of delivery requires that the seller put and hold
conforming goods at the buyer's disposition and give the buyer any
notification reasonably necessary to enable him to take delivery.
The manner, time, and place for tender are determined by the
agreement and this article, and in particular: (a) Tender must be at a reasonable hour, and if it is of goods
they must be kept available for the period reasonably necessary to
enable the buyer to take possession; but (b) Unless otherwise agreed the buyer must furnish facilities
reasonably suited to the receipt of the goods. (2) Where the case is within Code Section 11-2-504 respecting shipment tender requires that the seller comply with its provisions. (3) Where the seller is required to deliver at a particular
destination tender requires that he comply with subsection (1) of
this Code section and also in any appropriate case tender documents
as described in subsections (4) and (5) of this Code section. (4) Where goods are in the possession of a bailee and are to be
delivered without being moved: (a) Tender requires that the seller either tender a negotiable
document of title covering such goods or procure acknowledgment by
the bailee of the buyer's right to possession of the goods; but (b) Tender to the buyer of a nonnegotiable document of title or of
a written direction to the bailee to deliver is sufficient tender
unless the buyer seasonably objects, and receipt by the bailee of
notification of the buyer's rights fixes those rights as against
the bailee and all third persons; but risk of loss of the goods
and of any failure by the bailee to honor the nonnegotiable
document of title or to obey the direction remains on the seller
until the buyer has had a reasonable time to present the document
or direction, and a refusal by the bailee to honor the document or
to obey the direction defeats the tender. (5) Where the contract requires the seller to deliver documents: (a) He must tender all such documents in correct form, except as provided in this article with respect to bills of lading in a set (subsection (2) of Code Section 11-2-323); and (b) Tender through customary banking channels is sufficient and
dishonor of a draft accompanying the documents constitutes
nonacceptance or rejection. |