§ 4-2-503 — Manner of seller's tender of delivery

Colorado § 4-2-503

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Sales

Text

(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 section 4-2-504 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) of this section 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 of this title, 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 4-2-323);
and

(b) Tender through customary banking channels is sufficient and dishonor of
a draft accompanying or associated with the documents constitutes nonacceptance
or rejection.

Legislative History

Source: L. 65: p. 1322, � 1. C.R.S. 1963: � 155-2-503. L. 2006: (4)(b) and (5)(b) amended, p. 491, � 10, effective September 1.