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Session Laws, 1975
Volume 716, Page 127   View pdf image
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MARVIN MANDEL, Governor

127

for sale.

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
[subtitle] TITLE, 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 (1) and (5)
of this section.

(4)   Where goods are in the possession of a bailee
and are to be delivered without being moved

fa) 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 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 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

 

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Session Laws, 1975
Volume 716, Page 127   View pdf image
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