§ 34.1-2-503 — Manner of seller's tender of delivery

Wyoming § 34.1-2-503

• Jurisdiction: Wyoming
• Title 34.1: Uniform Commercial Code
• Art. 2: SALES

Text

(a) 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:
(i) 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
(ii) Unless otherwise agreed the buyer must furnish
facilities reasonably suited to the receipt of the goods.
(b) Where the case is within the next section respecting
shipment tender requires that the seller comply with its
provisions.
(c) Where the seller is required to deliver at a
particular destination tender requires that he comply with
subsection (a) and also in any appropriate case tender documents
as described in subsections (d) and (e) of this section.
(d) Where goods are in the possession of a bailee and are
to be delivered without being moved:
(i) 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
(ii) 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.
(e) Where the contract requires the seller to deliver
documents:
(i) He must tender all such documents in correct form
except as provided in this article with respect to bills of
lading in a set (section 34.1-2-323(b)); and
(ii) Tender through customary banking channels is
sufficient and dishonor of a draft accompanying or associated
with the documents constitutes nonacceptance or rejection.