Sec. 42a-2-503. Manner of seller's tender of delivery.
Sec. 42a-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 nonnegotiable document of
title or of a record directing the bailee to deliver is sufficient tender unless the buyer
seasonably objects, and except as otherwise provided in article 9 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 subsection (2) of section 42a-2-323 with respect to bills of lading in a set; and (b) tender through customary banking
channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection.
(1959, P.A. 133, S. 2-503; P.A. 04-64, S. 49.)
History: P.A. 04-64 amended Subsec. (4)(b) by replacing "written direction to" with "record directing" and adding
"except as otherwise provided in article 9" and amended Subsec. (5)(b) by adding "or associated with" to conform to
revisions made to article 7 by the same act.
Annotation to former statute (1958 Rev., S. 42-43): When delivery is to be made in installments as buyer directs, seller
must use reasonable diligence to be ready to meet buyer's orders. 97 C. 292.
Annotations to present section:
Cited. 189 C. 433.
Law creates presumption in favor of construing agreement as "shipment" contract as opposed to "destination" contract.
5 Conn. Cir. Ct. 597.