Florida Statutes
Fla. Stat. § 672.503 (2025)
Manner of seller’s tender of delivery.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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672.503 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 or her to take delivery. The manner, time and place for tender are determined by the agreement and this chapter, 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 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 or she 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 provided in chapter 679, 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 or she shall tender all such documents in correct form, except as provided in this chapter with respect to bills of lading in a set (s. 672.323(2)); and
(b) Tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection.
Note.—s. 2-503, U.C.C.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1979–2025 · leading case: Pestana v. Karinol Corp., 367 So. 2d 1096 (Fla. 3d DCA 1979).
Pestana v. Karinol Corp., 367 So. 2d 1096 (Fla. 3d DCA 1979). “Under a shipment contract, the seller, unless otherwise agreed, must: (1) put the goods sold in the possession of a carrier and make a contract for their transportation as may be reasonable having regard for the nature of the goods and other attendant circumstances, (2) obtain…”
US Ex Rel. Wesco Distrib. v. Am. Bridge, 473 F. Supp. 2d 1227 (S.D. Fla. 2007). “With respect to EMC’s claim for SHIPPING DAMAGE, also an unlisted item, the Court concludes that, while the switchgear was not materially damaged upon its arrival at the jobsite and receipt by EMC, EMC bore the risk loss of any damage to the switchgear during transit, and any…”
Certain Underwriters at Lloyd's London v. Scents Corp. (11th Cir. 2025). “504 ; see Fla. Stat. § 672.503 (2) (requiring sellers un- der a shipment contract to comply with § 672.”
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