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This entry was published on 2014-12-26
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Manner of Seller's Tender of Delivery
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 5
Section 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 the next section 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) and also
in any appropriate case tender documents as described in subsections (4)
and (5) of this 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 non-negotiable document of title or

of a record directing 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 non-negotiable 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 Section 2--323); and

(b) tender through customary banking channels is sufficient and

dishonor of a draft accompanying the documents constitutes

non-acceptance or rejection.