Okla. Stat. tit. 12A, § 2-503
(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
(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 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's right to possession of the goods; but
(b) tender to the buyer of a nonnegotiable document of title or of a written direction to the bailee to deliver is sufficient tender unless the buyer seasonably objects, and 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 12A-2-323); and
(b) tender through customary banking channels is sufficient and dishonor of a draft accompanying the documents constitutes nonacceptance or rejection.
Oklahoma Code Comment
There are no previous Oklahoma decisions. There is but one part of this section which requires comment. Under previous law, there was a conflict among the states as to whether "f.o.b. Oklahoma City," which was the city in which the
buyer conducted his business, required the seller to deliver the goods to the buyer's place of business, or whether notification of the arrival of the cars in Oklahoma City was sufficient. This section disposes of the conflict. By reading paragraphs ( 1 ) and ( 3 ) together it is clear that notification of arrival is sufficient, unless, under paragraph (2) the contract requires delivery to the buyer's business.
Uniform Commercial Code Comment
The Uniform Commercial Code was developed by
The American Law Institute and the National Conference of Commissioners on Uniform State Laws. These organizations hold the copyright on the official comments to the Uniform Commercial Code. The Oklahoma Supreme Court attempted but was unable to obtain permission to reproduce the Official Comments here. For more information on these organizations, click on the links above. To email your comments, click on one of the links below. The American Law Institute
4025 Chestnut Street
Philadelphia, PA 19104
Phone: (215) 243-1600
FAX: (215) 243-1664
Email National Conference of Commissioners on Uniform State Laws
676 N. St. Clair Street, Suite 1700
Chicago, Illinois 60611
(312) 915-0195
Email
Definitional Cross References:
"
Agreement". Section 1-201.
"Bill of lading". Section 1-201.
"Buyer". Section 2-103.
"Conforming". Section 2-106.
"Contract". Section 1-201.
"Delivery". Section 1-201.
"Dishonor". Section 3-508.
"Document of title". Section 1-201.
"Draft". Section 3-104.
"Goods". Section 2-105.
"Notification". Section 1-201.
"Reasonable time". Section 1-204.
"Receipt" of goods. Section 2-103.
"Rights". Section 1-201.
"Seasonably". Section 1-204 .
"Seller". Section 2-103.
"Written". Section 1-201.
Laws 1961, p. 88, §