The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9A V.S.A. § 2-503)
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§ 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
or her 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 the next section 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 or she 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 or she must tender all such documents in correct form, except as provided in this article with respect to bills of lading in a set (§ 2—323(2)); and
(b) tender through customary banking channels is sufficient and dishonor of a draft accompanying
or associated with the documents constitutes nonacceptance or rejection. (Amended 2015, No. 51, § B.5, eff. June 3, 2015.)