C.R.S. Section 4-2-503
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 section 4-2-504 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) of this section 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 nonnegotiable document of title or of a record directing the bailee to deliver is sufficient tender unless the buyer seasonably objects, and except as otherwise provided in article 9 of this title, 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.

(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 4-2-323); and

(b)

Tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection.

Source: Section 4-2-503 — Manner of seller’s tender of delivery, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-04.­pdf (accessed Oct. 20, 2023).

4‑2‑101
Short title 4‑2‑102
Scope - certain security and other transactions excluded from this article 4‑2‑103
Definitions and index of definitions 4‑2‑104
Definitions: “merchant” - “between merchants” - “financing agency” 4‑2‑105
Definitions: transferability - “goods” - “future” goods - “lot” - “commercial unit” 4‑2‑106
Definitions: “contract” - “agreement” - “contract for sale” - “sale” - “present sale” - “conforming” - “termination” - “cancellation” - “hybrid transaction” 4‑2‑107
Goods to be severed from realty - recording 4‑2‑201
Formal requirements - statute of frauds 4‑2‑202
Final expression - parol or extrinsic evidence 4‑2‑203
Seals inoperative 4‑2‑204
Formation in general 4‑2‑205
Firm offers 4‑2‑206
Offer and acceptance in formation of contract 4‑2‑207
Additional terms in acceptance or confirmation 4‑2‑208
Course of performance or practical construction 4‑2‑209
Modification, rescission, and waiver 4‑2‑210
Delegation of performance - assignment of rights 4‑2‑301
General obligations of parties 4‑2‑302
Unconscionable contract or clause 4‑2‑303
Allocation or division of risks 4‑2‑304
Price payable in money, goods, realty, or otherwise 4‑2‑305
Open price term 4‑2‑306
Output, requirements, and exclusive dealings 4‑2‑307
Delivery in single lot or several lots 4‑2‑308
Absence of specified place for delivery 4‑2‑309
Absence of specific time provisions - notice of termination 4‑2‑310
Open time for payment or running of credit - authority to ship under reservation 4‑2‑311
Options and cooperation respecting performance 4‑2‑312
Warranty of title and against infringement - buyer’s obligation against infringement 4‑2‑313
Express warranties by affirmation, promise, description, sample 4‑2‑314
Implied warranty - merchantability - usage of trade 4‑2‑315
Implied warranty - fitness for particular purpose 4‑2‑316
Exclusion or modification of warranties 4‑2‑317
Cumulation and conflict of warranties express or implied 4‑2‑318
Third party beneficiaries of warranties express or implied 4‑2‑319
terms 4‑2‑320
terms 4‑2‑321
- “net landed weights” - “payment on arrival” - warranty of condition on arrival 4‑2‑322
Delivery “ex-ship” 4‑2‑323
Form of bill of lading required in overseas shipment - “overseas” 4‑2‑324
“No arrival, no sale” term 4‑2‑325
“Letter of credit” - “confirmed credit” 4‑2‑326
Sale on approval and sale or return - rights of creditors 4‑2‑327
Special incidents of sale on approval and sale or return 4‑2‑328
Sale by auction 4‑2‑401
Passing of title - reservation for security - limited application of this section 4‑2‑402
Rights of seller’s creditors against sold goods 4‑2‑403
Power to transfer - good faith purchase of goods - “entrusting” 4‑2‑501
Insurable interest in goods - manner of identification of goods 4‑2‑502
Buyer’s right to goods on seller’s insolvency - repudiation - failure to deliver 4‑2‑503
Manner of seller’s tender of delivery 4‑2‑504
Shipment by seller 4‑2‑505
Seller’s shipment under reservation 4‑2‑506
Rights of financing agency 4‑2‑507
Effect of seller’s tender - delivery on condition 4‑2‑508
Cure by seller of improper tender or delivery - replacement 4‑2‑509
Risk of loss in the absence of breach 4‑2‑510
Effect of breach on risk of loss 4‑2‑511
Tender of payment by buyer 4‑2‑512
Payment by buyer before inspection 4‑2‑513
Buyer’s right to inspection of goods 4‑2‑514
When documents deliverable on acceptance - when on payment 4‑2‑515
Preserving evidence of goods in dispute 4‑2‑601
Buyer’s rights on improper delivery 4‑2‑602
Manner and effect of rightful rejection 4‑2‑603
Merchant buyer’s duties as to rightfully rejected goods 4‑2‑604
Buyer’s options as to salvage of rightfully rejected goods 4‑2‑605
Waiver of buyer’s objections by failure to particularize 4‑2‑606
What constitutes acceptance of goods 4‑2‑607
Effect of acceptance - notice of breach - burden of establishing breach after acceptance - notice of claim or litigation to person answerable over 4‑2‑608
Revocation of acceptance in whole or in part 4‑2‑609
Right to adequate assurance of performance 4‑2‑610
Anticipatory repudiation 4‑2‑611
Retraction of anticipatory repudiation 4‑2‑612
“Installment contract” - breach 4‑2‑613
Casualty to identified goods 4‑2‑614
Substituted performance 4‑2‑615
Excuse by failure of presupposed conditions 4‑2‑616
Procedure on notice claiming excuse 4‑2‑701
Remedies for breach of collateral contracts not impaired 4‑2‑702
Seller’s remedies on discovery of buyer’s insolvency 4‑2‑703
Seller’s remedies in general 4‑2‑704
Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods 4‑2‑705
Seller’s stoppage of delivery in transit or otherwise 4‑2‑706
Seller’s resale including contract for resale 4‑2‑707
“Person in the position of a seller” 4‑2‑708
Seller’s damages for nonacceptance or repudiation 4‑2‑709
Action for the price 4‑2‑710
Seller’s incidental damages 4‑2‑711
Buyer’s remedies in general - buyer’s security interest in rejected goods 4‑2‑712
“Cover” - buyer’s procurement of substitute goods 4‑2‑713
Buyer’s damages for nondelivery or repudiation 4‑2‑714
Buyer’s damages for breach in regard to accepted goods 4‑2‑715
Buyer’s incidental and consequential damages 4‑2‑716
Buyer’s right to specific performance or replevin 4‑2‑717
Deduction of damages from the price 4‑2‑718
Liquidation or limitation of damages - deposits 4‑2‑719
Contractual modification or limitation of remedy 4‑2‑720
Effect of “cancellation” or “rescission” on claims for antecedent breach 4‑2‑721
Remedies for fraud 4‑2‑722
Who can sue third parties for injury to goods 4‑2‑723
Proof of market price - time and place 4‑2‑724
Admissibility of market quotations 4‑2‑725
Statute of limitations in contracts for sale
Green check means up to date. Up to date

Current through Fall 2024

§ 4-2-503’s source at colorado​.gov