Colorado Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-307. Delivery in Single Lot or Several Lots

Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery, and payment is due only on such tender; but where the circumstances give either party the right to make or demand delivery in lots, the price, if it can be apportioned, may be demanded for each lot.
Source: L. 65: p. 1308, § 1. C.R.S. 1963: § 155-2-307.
Prior Uniform Statutory Provision: Section 45(1), Uniform Sales Act.
Changes: Rewritten and expanded.
Purposes of Changes:




In such cases, a partial delivery is not subject to rejection for the defect in quantity alone, if the circumstances do not indicate a repudiation or default by the seller as to the expected balance or do not give the buyer ground for suspending his performance because of insecurity under the provisions of Section 2-609. However, in such cases the undelivered balance of goods under the contract must be forthcoming within a reasonable time and in a reasonable manner according to the policy of Section 2-503 on manner of tender of delivery. This is reinforced by the express provisions of Section 2-608 that if a lot has been accepted on the reasonable assumption that its nonconformity will be cured, the acceptance may be revoked if the cure does not seasonably occur. The section rejects the rule of Kelly Construction Co. v. Hackensack Brick Co., 91 N.J.L. 585, 103 A. 417, 2 A.L.R. 685 (1918) and approves the result in Lynn M. Ranger, Inc. v. Gildersleeve, 106 Conn. 372, 138 A. 142 (1927) in which a contract was made for six carloads of coal then rolling from the mines and consigned to the seller but the seller agreed to divert the carloads to the buyer as soon as the car numbers became known to him. He arranged a diversion of two cars and then notified the buyer who then repudiated the contract. The seller was held to be entitled to his full remedy for the two cars diverted because simultaneous delivery of all of the cars was not contemplated by either party.
Cross References:
Point 1: Section 4-1-201.
Point 2: Sections 4-2-508 and 4-2-601.
Point 3: Sections 4-2-503, 4-2-608 and 4-2-609.
Definitional Cross References:
"Contract for sale". Section 4-2-106.
"Goods". Section 4-2-105.
"Lot". Section 4-2-105.
"Party". Section 4-1-201.
"Rights". Section 4-1-201.

Structure Colorado Code

Colorado Code

Title 4 - Uniform Commercial Code

Article 2 - Sales

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

§ 4-2-305. Open Price Term

§ 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

§ 4-2-321. c.i.f. or C. & F. - "Net Landed Weights" - "Payment on Arrival" - Warranty of Condition on Arrival

§ 4-2-322. Delivery "Ex-Ship"

§ 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

§ 4-2-328. Sale by Auction