                                 CODE OF VIRGINIA

MANNER OF SELLER&#8217;S TENDER OF DELIVERY (§ 8.2-503)

1. Tender of delivery requires that the seller put and hold conforming goods at
the buyer&#8217;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 title, 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 the next section [ &#xA7; 8.2-504 ] 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) 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&#8217;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 Title 8.9A, receipt
   by the bailee of notification of the buyer&#8217;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 title with respect to bills of lading in a set (subsection (2) of &#xA7;
   8.2-323); and

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

HISTORY: 1964, c. 219; 2004, c. 200.