Texas Business & Commerce Code - Section 2.503. Manner Of Seller's Tender Of Delivery
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§ 2.503. MANNER OF SELLER'S TENDER OF DELIVERY. (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 chapter, and in particular
(1) 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
(2) 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
(1) 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
(2) 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.
(e) Where the contract requires the seller to deliver
documents
(1) he must tender all such documents in correct form,
except as provided in this chapter with respect to bills of lading
in a set (Subsection (b) of Section 2.323); and
(2) tender through customary banking channels is
sufficient and dishonor of a draft accompanying or associated with
the documents constitutes non-acceptance or rejection.
Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967.
Amended by Acts 1983, 68th Leg., p. 1530, ch. 290, § 1, eff. Aug.
29, 1983; Acts 2005, 79th Leg., ch. 122, § 7, eff. Sept. 1, 2005.
Section: 2.327 2.328 2.401 2.402 2.403 2.501 2.502 2.503 2.504 2.505 2.506 2.507 2.508 2.509 2.510
Last modified: August 10, 2007
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