§ 554.2503 — Manner of seller’s tender of delivery

Iowa § 554.2503

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 554: UNIFORM COMMERCIAL CODE

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 the buyer 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 554.2504 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
the seller 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. the seller must tender all such documents in correct form except as provided in this
Article with respect to bills of lading in a set (section 554.2323, subsection 2); 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

[C24, 27, 31, 35, 39, §9940, 9948, 9949, 9972, 9975, 9980; C46, 50, 54, 58, 62, §554.12, 554.20, 554.21, 554.44, 554.47, 554.52; C66, 71, 73, 75, 77, 79, 81, §554.2503]