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355.2-503 Manner of seller's tender of delivery.
(1)
(2)
(3)
(4)
(5)
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.
Where the case is within KRS 355.2-504 respecting shipment tender requires that
the seller comply with its provisions.
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 (4) and (5) of this section.
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 acknowledgement 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 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 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.
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 KRS 355.2323); and
(b) Tender through customary banking channels is sufficient and dishonor of a
draft accompanying or associated with the documents constitutes
nonacceptance or rejection.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 132, sec. 48, effective July 12, 2012. -- Created
1958 Ky. Acts ch. 77, sec. 2-503, effective July 1, 1960.
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