2006 New York Code - Manner Of Seller\'s Tender Of Delivery.

 
  Section 2--503. Manner of Seller's Tender of Delivery.
    (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  the  next  section  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) 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 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.
    (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 2--323); and
         (b) tender  through  customary banking channels is sufficient and
             dishonor of a draft accompanying  the  documents  constitutes
             non-acceptance or rejection.