(810 ILCS 5/2-503)
(from Ch. 26, par. 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 to take delivery. The manner, time and
place for tender are determined by the agreement and this Article, and in
(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 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 non-negotiable 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 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 non-negotiable 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 2-323); and
(b) tender through customary banking channels is
sufficient and dishonor of a draft accompanying or associated with the documents constitutes non-acceptance or rejection.
(Source: P.A. 95-895, eff. 1-1-09