The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.
Source: L. 65: p. 1306, § 1. C.R.S. 1963: § 155-2-301.
Prior Uniform Statutory Provision: Sections 11 and 41, Uniform Sales Act.
Changes: Rewritten.
Purposes of Changes:
This section uses the term "obligation" in contrast to the term "duty" in order to provide for the "condition" aspects of delivery and payment insofar as they are not modified by other sections of this Article such as those on cure of tender. It thus replaces not only the general provisions of the Uniform Sales Act on the parties' duties, but also the general provisions of that Act on the effect of conditions. In order to determine what is "in accordance with the contract" under this Article usage of trade, course of dealing and performance, and the general background of circumstances must be given due consideration in conjunction with the lay meaning of the words used to define the scope of the conditions and duties.
Cross References:
Section 4-1-106. See also Sections 4-1-205, 4-2-208, 4-2-209, 4-2-508 and 4-2-612.
Definitional Cross References:
"Buyer". Section 4-2-103.
"Contract". Section 4-1-201.
"Party". Section 4-1-201.
"Seller". Section 4-2-103.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-301. General Obligations of Parties
§ 4-2-302. Unconscionable Contract or Clause
§ 4-2-303. Allocation or Division of Risks
§ 4-2-304. Price Payable in Money, Goods, Realty, or Otherwise
§ 4-2-306. Output, Requirements, and Exclusive Dealings
§ 4-2-307. Delivery in Single Lot or Several Lots
§ 4-2-308. Absence of Specified Place for Delivery
§ 4-2-309. Absence of Specific Time Provisions - Notice of Termination
§ 4-2-310. Open Time for Payment or Running of Credit - Authority to Ship Under Reservation
§ 4-2-311. Options and Cooperation Respecting Performance
§ 4-2-312. Warranty of Title and Against Infringement - Buyer's Obligation Against Infringement
§ 4-2-313. Express Warranties by Affirmation, Promise, Description, Sample
§ 4-2-314. Implied Warranty - Merchantability - Usage of Trade
§ 4-2-315. Implied Warranty - Fitness for Particular Purpose
§ 4-2-316. Exclusion or Modification of Warranties
§ 4-2-317. Cumulation and Conflict of Warranties Express or Implied
§ 4-2-318. Third Party Beneficiaries of Warranties Express or Implied
§ 4-2-319. f.o.b. and f.a.s. Terms
§ 4-2-320. c.i.f. and C. & F. Terms
§ 4-2-323. Form of Bill of Lading Required in Overseas Shipment - "Overseas"
§ 4-2-324. "No Arrival, No Sale" Term
§ 4-2-325. "Letter of Credit" - "Confirmed Credit"
§ 4-2-326. Sale on Approval and Sale or Return - Rights of Creditors
§ 4-2-327. Special Incidents of Sale on Approval and Sale or Return