Also known as: tender of delivery · tender
Written by attorneys · grounded in primary & secondary sources — see below
An act by which a performing party places goods, payment, or other performance at the disposition of the other party in the manner and at the place required by the contract or applicable law.
Select any source to read its text and confirm it supports the definition.
Tundra Resources contracted to sell equipment to a state agency and received payment in state-issued notes. The agency claimed the notes satisfied the debt under a new statute. The court held the statute invalid because it made something other than gold or silver coin a tender in payment of debts.
Titan Industries proposed a merger with Triumph Manufacturing. The board recommended that shareholders tender their shares to the offeror. Shareholders who tendered received the merger consideration once the plan received the required approvals.
Tiffany Torres converted a rare tool from Tyler Taylor. After discovering the mistake, Tiffany promptly offered to return the tool in undamaged condition. The court exercised discretion to reduce Tyler's damages because the tender satisfied the statutory conditions.
Tidal Energy failed to deliver solar panels to Tracy Torres at the contract destination port. When calculating damages, the court used the market price at the place for tender rather than the place of arrival because no rejection after arrival had occurred.
Trevor Tate defaulted on a home loan held by Tundra Resources. Before the foreclosure sale, Trevor tendered all amounts that would have been due absent acceleration plus accrued expenses. The tender cured the default and halted the foreclosure proceedings.
Taliah Tang converted a painting from Tanner Thompson under a reasonable but mistaken belief of ownership. Upon discovery, Taliah immediately offered to return the painting and kept the offer open. The court reduced damages because the tender met the promptness requirement.
The seller must put and hold conforming goods at the buyer's disposition at the contract location and give any reasonably necessary notification. Delivery to the wrong place or with inadequate notice fails to satisfy the condition that triggers the buyer's duty to accept and pay.
No. When tender fails to conform in any respect, the buyer may reject the whole, accept the whole, or accept any commercial unit and reject the rest. The buyer's rejection rights are triggered precisely because the tender is nonconforming.
…which the States are respectively entitled, or permit the States to "coin money" or to "make anything but gold and silver coin a tender in payment of debts." But where constitutional grants and limitations of power are set forth in general clauses, which afford a broad outline, the process of construction is essential to…
…necessarily implied, that if part of the requested performance is given, the offeror will not revoke his offer, and that if tender
…was to accrue to Wainwright? He was to receive the same service from Jungenfeld under the new, that Jungenfeld was bound to tender
…contract. Thus, we hold that O.R.C. Sec. 1302.65(C) (U.C.C. Sec. 2-607(3)) requires a buyer, who has accepted a non-conforming tender
…per share for all of the Getty stock. The Museum trustees agreed to the Texaco offer. On January 6, 1984, Texaco announced a tender
A seller may cure by seasonably notifying the buyer and substituting conforming goods within the original contract time if that time has not expired. The seller may also obtain additional reasonable time if it had reasonable grounds to believe the original tender would be acceptable with a money allowance.
A court may diminish damages when the tender is made promptly after discovery of a good-faith mistake, the chattel's value is not substantially impaired, and the tender is kept open. The reduction is discretionary and requires all statutory conditions to be met.
The borrower must tender all amounts that would have been due absent acceleration, perform any other required duties, pay foreclosure expenses specified by the creditor, and tender any permitted late fees. Compliance with these steps stops the foreclosure process.