Ala. Code
Code of Alabama

Ala. Code § 7-2-503 (2026)

Manner of Seller’s Tender of Delivery.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(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:

(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 Section 7-2-504 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 record directing the bailee to deliver is sufficient tender unless the buyer seasonably objects, and, except as otherwise provide in Article 9A, 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 7-2-323); and

(b) Tender through customary banking channels is sufficient and dishonor of a draft accompanying the documents constitutes nonacceptance or rejection.

(Acts 1965, No. 549, p. 811; Act 2004-315, p. 464, §2.)

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1982–2025 · leading case: Pileri Indus., Inc. v. Consol. Indus., Inc., 740 So. 2d 1108 (Ala. Civ. App. 1999).
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Pileri Indus., Inc. v. Consol. Indus., Inc., 740 So. 2d 1108 (Ala. Civ. App. 1999). · cites it 2× “" Section § 7-2-503 (Comment 5), Ala.Code 1975. "Both of these types of contracts usually employ mercantile terms or `trade symbols' specifying the requirements for delivery, such as `F.”
Waldrop v. Peabody Galion Corp., 423 So. 2d 145 (Ala. 1982). · cites it 4× “” Ala.Code § 7-2-503(1) (1975). “The manner, time and place for tender are determined by the agreement.”
Frankenmuth Mut. Ins. Co. v. Five Points West Shopping City, LLC (N.D. Ala. 2022). “Code § 7-2-503 . Here, McCormick testified that it took three to four weeks to remove the fixtures.”
Torres v. Airbus Helicopters, Inc. (M.D. Ala. 2025). “CODE § 7-2-503(1). Additionally, AHI does not describe the nature of the agreement between AHI and Airbus U.”
— Ala. Code § 7-2-503(1) — 2 cases
Waldrop v. Peabody Galion Corp., 423 So. 2d 145 (Ala. 1982). “” Ala.Code § 7-2-503(1) (1975). “The manner, time and place for tender are determined by the agreement.”
Torres v. Airbus Helicopters, Inc. (M.D. Ala. 2025). “CODE § 7-2-503(1). Additionally, AHI does not describe the nature of the agreement between AHI and Airbus U.”
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