SECTION 672.503. Manner of seller’s tender of delivery.
Latest version.
1(1) 2Tender 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 or her to take delivery. The manner, time and place for tender are determined by the agreement and this chapter, and in particular:
52(a) 53Tender 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
84(b) 85Unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods.
101(2) 102Where the case is within the next section respecting shipment tender requires that the seller comply with its provisions.
121(3) 122Where the seller is required to deliver at a particular destination tender requires that he or she comply with subsection (1) and also in any appropriate case tender documents as described in subsections (4) and (5) of this section.
161(4) 162Where goods are in the possession of a bailee and are to be delivered without being moved:
179(a) 180Tender 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
211(b) 212Tender 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 chapter 679, 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.
330(5) 331Where the contract requires the seller to deliver documents:
340(a) 341He or she shall tender all such documents in correct form, except as provided in this chapter with respect to bills of lading in a set (s. 368672.323(2)369); and
371(b) 372Tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection.
