Colorado Code
Part 5 - Performance
§ 4-2-503. Manner of Seller's Tender of Delivery

Source: L. 65: p. 1322, § 1. C.R.S. 1963: § 155-2-503. L. 2006: (4)(b) and (5)(b) amended, p. 491, § 10, effective September 1.
Prior Uniform Statutory Provision: See Sections 11, 19, 20, 43(3) and (4), 46 and 51, Uniform Sales Act.
Changes: The general policy of the above sections is continued and supplemented but subsection (3) changes the rule of prior section 19(5) as to what constitutes a "destination" contract and subsection (4) incorporates a minor correction as to tender of delivery of goods in the possession of a bailee.
Purposes of Changes:

In cases in which payment is due and demanded upon delivery the "buyer's disposition" is qualified by the seller's right to retain control of the goods until payment by the provision of this Article on delivery on condition. However, where the seller is demanding payment on delivery he must first allow the buyer to inspect the goods in order to avoid impairing his tender unless the contract for sale is on C.I.F., C.O.D., cash against documents or similar terms negating the privilege of inspection before payment.
In the case of contracts involving documents the seller can "put and hold conforming goods at the buyer's disposition" under subsection (1) by tendering documents which give the buyer complete control of the goods under the provisions of Article 7 on due negotiation.
When a prescribed document cannot be procured, a question of fact arises under the provision of this Article on substituted performance as to whether the agreed manner of delivery is actually commercially impracticable and whether the substitute is commercially reasonable.
Cross References:
Point 2: Sections 4-1-205, 4-2-301, 4-2-310, 4-2-507 and 4-2-513 and Article 7.
Point 5: Sections 4-2-308, 4-2-310 and 4-2-509.
Point 7: Section 4-2-614(1).
Specific matters involving tender are covered in many additional sections of this Article. See Sections 4-1-205, 4-2-301, 4-2-306 to 4-2-319, 4-2-321(3), 4-2-504, 4-2-507(2), 4-2-511(1), 4-2-513, 4-2-612 and 4-2-614.
Definitional Cross References:
"Agreement". Section 4-1-201.
"Bill of lading". Section 4-1-201.
"Buyer". Section 4-2-103.
"Conforming". Section 4-2-106.
"Contract". Section 4-1-201.
"Delivery". Section 4-1-201.
"Dishonor". Section 3-508.
"Document of title". Section 4-1-201.
"Draft". Section 4-3-104.
"Goods". Section 4-2-105.
"Notification". Section 4-1-201.
"Reasonable time". Section 4-1-204.
"Receipt" of goods. Section 4-2-103.
"Rights". Section 4-1-201.
"Seasonably". Section 4-1-204.
"Seller". Section 4-2-103.
"Written". Section 4-1-201.