Consumer Law, Warranties Tender of delivery and carriers

[Lawyer2005]

This is should be a no-brainer, but for me it is posing confusion. X sells a shipment of cookies toY, the buyer X uses FEDEX to Y, a bakery that does lots of business. What does tender of delivery mean, here: 1) when X hands it to the carrier to deliver, or when Y receives the cookies in his hand. What does tender of delivery mean. I know that the UCC says that between merchants risk of loss is on receipt by Buyer (which is what I want in this case), but what does tender of delivery mean in the scenario I gave? Where is the risk of loss in my hypothetical, if they are not merchants. Just want to understand. This is in UCC section 2509.

 

[Fred_Goldberg]

MISSISSIPPI CODE OF 1972 As Amended
SEC. 75-2-503. Manner of seller's tender of delivery.
See http://www.mscode.com/free/statutes/75/002/0503.htm

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 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.

 

[Lawyer2005]

Tender of Delivery

Thanks, Mr. Goldberg -- so as I understand it "tender" means wherever Y, the buyer, has agreed to pick up the goods? So risk of loss would be wherever the goods are "waiting" for pick up by Y, the buyer.