§ 6A-2-503 - Manner of seller's tender of delivery.
SECTION 6A-2-503
§ 6A-2-503 Manner of seller's tender ofdelivery. – (1) Tender of delivery requires that the seller put and hold conforming goodsat the buyer's disposition and give the buyer any notification reasonablynecessary to enable him or her to take delivery. The manner, time, and placefor tender are determined by the agreement and this chapter, and, in particular,
(a) Tender must be at a reasonable hour, and if it is ofgoods they must be kept available for the period reasonably necessary to enablethe buyer to take possession; but
(b) Unless otherwise agreed the buyer must furnish facilitiesreasonably suited to the receipt of the goods.
(2) Where the case is within the next section respectingshipment, tender requires that the seller comply with its provisions.
(3) Where the seller is required to deliver at a particulardestination tender requires that he or she comply with subsection (1), and alsoin 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 tobe delivered without being moved,
(a) Tender requires that the seller either tender anegotiable document of title covering such goods or procure acknowledgment bythe bailee of the buyer's right to possession of the goods; but
(b) Tender to the buyer of a nonnegotiable document of titleor of a record directing the bailee to deliver is sufficient tender unless thebuyer seasonably objects, and except as otherwise provided in chapter 9 of thistitle receipt by the bailee of notification of the buyer's rights fixes thoserights as against the bailee and all third persons; but risk of loss of thegoods and any failure by the bailee to honor the nonnegotiable document oftitle or to obey the direction remains on the seller until the buyer has had areasonable time to present the document or direction, and a refusal by thebailee to honor the document or to obey the direction defeats the tender.
(5) Where the contract requires the seller to deliverdocuments,
(a) He or she must tender all such documents in correct form,except as provided in this chapter with respect to bills of lading in a set(§ 6A-2-323(2)); and
(b) Tender through customary banking channels is sufficientand dishonor of a draft accompanying or associated with the documentsconstitutes nonacceptance or rejection.