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Friday, 19 July 2013

Seller-Lessor Obligations

Seller-Lessor Obligations
Seller has a duty to “tender” delivery of “conforming goods.”
Tender means “delivery” to agreed place:
§ With reasonable notice.
§ At a reasonable hour.
§ In a reasonable manner.
§ Exactly, unless otherwise agreed.
Place of Delivery--Non-Carriers
Buyer picks up at Seller’s place of business or, if Buyer has no place of business, then Buyer’s residence.
If both parties know the goods are elsewhere (at a warehouse), then place of delivery is where the goods are.
Place of Delivery—Carriers
Shipment contracts. Seller has a duty to:
§ Put goods into hands of independent carrier.
§ Make contract for transportation.
§ Obtain and promptly deliver or tender to the Buyer any documents necessary.
§ Promptly notify Buyer that shipment has been made.
Destination contracts. Seller has duty to:


§ Tender the goods at a reasonable hour and hold conforming goods at the Buyer’s disposal for a reasonable period of time.

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