§ 25-2-503. Manner of seller's tender of delivery. - North Carolina Statutes

PART 5.

PERFORMANCE.

§ 25‑2‑503. Manner of seller's tender of delivery.

(1)        Tender of deliveryrequires that the seller put and hold conforming goods at the buyer'sdisposition and give the buyer any notification reasonably necessary to enablehim to take delivery. The manner, time and place for tender are determined bythe agreement and this article, and in particular

(a)        tender must be at areasonable hour, and if it is of goods they must be kept available for theperiod reasonably necessary to enable the buyer to take possession; but

(b)        unless otherwiseagreed the buyer must furnish facilities reasonably suited to the receipt ofthe goods.

(2)        Where the case iswithin the next section [G.S. 25‑2‑504] respecting shipment tenderrequires that the seller comply with its provisions.

(3)        Where the seller isrequired to deliver at a particular destination tender requires that he complywith subsection (1) and also in any appropriate case tender documents asdescribed in subsections (4) and (5) of this section.

(4)        Where goods are inthe possession of a bailee and are to be delivered without being moved

(a)        tender requires thatthe seller either tender a negotiable document of title covering such goods orprocure acknowledgment by the bailee of the buyer's right to possession of thegoods; but

(b)        tender to the buyerof a non‑negotiable document of title or of a record directing the baileeto deliver is sufficient tender unless the buyer seasonably objects, and,except as otherwise provided in Article 9 of this Chapter, receipt by thebailee of notification of the buyer's rights fixes those rights as against thebailee and all third persons; but risk of loss of the goods and of any failureby the bailee to honor the nonnegotiable document of title or to obey the directionremains on the seller until the buyer has had a reasonable time to present thedocument or direction, and a refusal by the bailee to honor the document or toobey the direction defeats the tender.

(5)        Where the contractrequires the seller to deliver documents

(a)        he must tender allsuch documents in correct form, except as provided in this article with respectto bills of lading in a set (subsection (2) of G.S. 25‑2‑323); and

(b)        tender throughcustomary banking channels is sufficient and dishonor of a draft accompanyingor associated with the documents constitutes non‑acceptance or rejection.(1965, c. 700,s. 1; 2006‑112, s. 32.)