8.2-503 - Manner of seller's tender of delivery. - Virginia Statutes

§ 8.2-503. Manner of seller's tender of delivery.

(1) Tender of delivery requires that the seller put and hold conforming goodsat the buyer's disposition and give the buyer any notification reasonablynecessary to enable him to take delivery. The manner, time and place fortender are determined by the agreement and this title, and in particular:

(a) tender must be at a reasonable hour, and if it is of goods they must bekept available for the period reasonably necessary to enable the buyer totake possession; but

(b) unless otherwise agreed the buyer must furnish facilities reasonablysuited to the receipt of the goods.

(2) Where the case is within the next section [§ 8.2-504] respecting shipmenttender requires that the seller comply with its provisions.

(3) Where the seller is required to deliver at a particular destinationtender requires that he comply with subsection (1) and also in anyappropriate case tender documents as described in subsections (4) and (5) ofthis section.

(4) Where goods are in the possession of a bailee and are to be deliveredwithout being moved:

(a) tender requires that the seller either tender a negotiable document oftitle covering such goods or procure acknowledgment by the bailee of thebuyer's right to possession of the goods; but

(b) tender to the buyer of a nonnegotiable document of title or of a recorddirecting the bailee to deliver is sufficient tender unless the buyerseasonably objects, and, except as otherwise provided in Title 8.9A, receiptby the bailee of notification of the buyer's rights fixes those rights asagainst the bailee and all third persons; but risk of loss of the goods andof any failure by the bailee to honor the nonnegotiable document of title orto obey the direction remains on the seller until the buyer has had areasonable time to present the document or direction, and a refusal by thebailee 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 inthis title with respect to bills of lading in a set (subsection (2) of §8.2-323); and

(b) tender through customary banking channels is sufficient and dishonor of adraft accompanying or associated with the documents constitutes nonacceptanceor rejection.

(1964, c. 219; 2004, c. 200.)