Also known as:time and place of tender · times and places for tender · tender timing and location
Written by attorneys · grounded in primary & secondary sources — see below
The temporal and locational parameters fixed by the parties' agreement that determine when and where a seller must put and hold conforming goods at the buyer's disposition to effect a valid tender of delivery. These parameters are supplied by the contract terms and the governing article unless the parties provide otherwise.
Sources & Authorities
How it applies
Common Examples
2
Delivery Location Dispute
Central Connect agreed to deliver routers to Silver Communications' network operations center. Central Connect instead diverted the conforming routers to a cross-dock terminal and sent an email that omitted dock numbers and release forms. Silver Communications could not retrieve the goods without further information and sued for breach. The court held that the tender failed because the agreed place of delivery was not honored and the notice was insufficient to enable Silver Communications to take possession.
Market Price Calculation
ValleyMart repudiated after Northline completed production of customized appliances. Northline sought damages measured by the difference between contract price and market price. The court applied the market-price formula at the time and place for tender because that location and moment fix the baseline for calculating the seller's loss when the buyer refuses delivery.
Put it into practice
Test Yourself
6
Practice Questions4
· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Study Supplements
Neri v. Retail Marine Corp.30 N.Y.2d 393, 399 & n. 2, 384 N.Y.S.2d 165, 169 & n. 2, 285 N.E.2d 311, 314 & n. 2 (1972)
Common questions
Frequently Asked
3
How does the agreed time and place for tender affect a seller's damages claim?+
The time and place for tender fix the market price used to calculate damages for nonacceptance under UCC § 2-708(1). When a buyer repudiates, the seller measures loss by comparing the contract price to the market price at that contractually determined moment and location.
Supporting sources
What happens if the seller tenders at a different place than the contract specifies?+
Tender is ineffective. The agreement controls the place of tender, so delivery to an alternate location fails to put the goods at the buyer's disposition in the manner required by the contract.
Supporting sources
Does incomplete notice about pickup details defeat an otherwise proper tender?+
Yes. The seller must give notification reasonably necessary to enable the buyer to take delivery. Omitting dock numbers, release forms, or cutoff times leaves the buyer unable to retrieve the goods and renders the tender incomplete.
Supporting sources
ContractsRemedies · Remedial rights of breaching partiesUBEFoundational