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§12A-2-503.
§12A-2-503.
(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
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 Section 2-323); and
(b) tender through customary banking channels is sufficient and
dishonor of a draft accompanying the documents constitutes
nonacceptance or rejection.
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