N.D. Cent. Code § 41-02-51
(2-503) Manner of seller's tender of delivery
Redline — December 1, 2021 → current.View current text →
Current — January 1, 2022
As of December 1, 2021
(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 the buyer to take delivery. The manner, time, and place for tender are determined by the agreement and this chapter, and in particular: 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
(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 the buyer to take delivery. The manner, time, and place for tender are determined by the agreement and this chapter, and in particular: 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
(2) Unless otherwise agreed, the buyer must furnish facilities reasonably suited to the receipt of the goods.
(2) Unless otherwise agreed, the buyer must furnish facilities reasonably suited to the receipt of the goods.
(3) If the case is within section 41-02-52 respecting shipment, tender requires that the seller comply with its provisions.
(3) If the case is within section 41-02-52 respecting shipment, tender requires that the seller comply with its provisions.
(4) If the seller is required to deliver at a particular destination, tender requires that the seller comply with subsection 1 and also in any appropriate case tender documents as described in subsections 4 and 5.
(4) If the seller is required to deliver at a particular destination, tender requires that the seller comply with subsection 1 and also in any appropriate case tender documents as described in subsections 4 and 5.
(5) If goods are in the possession of a bailee and are to be delivered without being moved: 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
(5) If goods are in the possession of a bailee and are to be delivered without being moved: 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
(6) Tender to the buyer of a non-negotiable 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 under chapter 41-09, 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.
(6) Tender to the buyer of a non-negotiable 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 under chapter 41-09, 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.
(7) If the contract requires the seller to deliver documents: The seller must tender all such documents in correct form, except as provided in this chapter with respect to bills of lading in a set (subsection 2 of section 41-02-40); and
(7) If the contract requires the seller to deliver documents: The seller must tender all such documents in correct form, except as provided in this chapter with respect to bills of lading in a set (subsection 2 of section 41-02-40); and
(8) Tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection.
(8) Tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection.
(9) Under Subsection (4)(a) the bailee’s acknowledgment must be made to the buyer. See Jason’s Foods, Inc. V. Peter Eckrick & Sons, Inc., 774 F.2d 214 (7th Cir. 1985) Paragraph (b) of subsection (4) adopts the rule, subject to Article 9, that between the buyer and the seller the risk of loss remains on the seller during a period reasonable for securing acknowledgment of the transfer from the bailee while as against all other parties the buyer’s rights are fixed as of the time the bailee receives notice of the transfer.
(10) Under subsection (5) documents are never “required” except where there is an express contract term or it is plainly implicit in the peculiar circumstances of the case or in a usage of trade. Documents may, of course, be “authorized” although not required, but these cases are not within the scope of this subsection. When documents are required, there are three main requirements of this subsection: (1) “All”: each required document is essential to a proper tender; (2) “Such”: the documents must be the ones actually required by the contract in terms of source and substance; (3) “Correct form”: All documents must be in correct form.
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.