Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then, unless otherwise agreed, he must:
Source: L. 65: p. 1323, § 1. C.R.S. 1963: § 155-2-504.
Prior Uniform Statutory Provision: Section 46, Uniform Sales Act.
Changes: Rewritten.
Purposes of Changes: To continue the general policy of the prior uniform statutory provision while incorporating certain modifications with respect to the requirement that the contract with the carrier be made expressly on behalf of the buyer and as to the necessity of giving notice of the shipment to the buyer, so that:
In this connection, in the case of pool car shipments a delivery order furnished by the seller on the pool car consignee, or on the carrier for delivery out of a larger quantity, satisfies the requirements of paragraph (b) unless the contract requires some other form of document.
A standard and acceptable manner of notification in open credit shipments is the sending of an invoice and in the case of documentary contracts is the prompt forwarding of the documents as under paragraph (b) of this section. It is also usual to send on a straight bill of lading but this is not necessary to the required notification. However, should such a document prove necessary or convenient to the buyer, as in the case of loss and claim against the carrier, good faith would require the seller to send it on request.
Frequently the agreement expressly requires prompt notification as by wire or cable. Such a term may be of the essence and the final clause of paragraph (c) does not prevent the parties from making this a particular ground for rejection. To have this vital and irreparable effect upon the seller's duties, such a term should be part of the "dickered" terms written in any "form," or should otherwise be called seasonably and sharply to the seller's attention.
Cross References:
Point 1: Sections 4-2-319, 4-2-320 and 4-2-503(2).
Point 2: Sections 4-1-203, 4-2-323(2), 4-2-601 and 4-2-614(1).
Point 3: Section 4-2-311(2).
Point 5: Section 4-1-203.
Definitional Cross References:
"Agreement". Section 4-1-201.
"Buyer". Section 4-2-103.
"Contract". Section 4-1-201.
"Delivery". Section 4-1-201.
"Goods". Section 4-2-105.
"Notifies". Section 4-1-201.
"Seller". Section 4-2-103.
"Send". Section 4-1-201.
"Usage of trade". Section 4-1-205.
Structure Colorado Code
Title 4 - Uniform Commercial Code
§ 4-2-501. Insurable Interest in Goods - Manner of Identification of Goods
§ 4-2-502. Buyer's Right to Goods on Seller's Insolvency - Repudiation - Failure to Deliver
§ 4-2-503. Manner of Seller's Tender of Delivery
§ 4-2-505. Seller's Shipment Under Reservation
§ 4-2-506. Rights of Financing Agency
§ 4-2-507. Effect of Seller's Tender - Delivery on Condition
§ 4-2-508. Cure by Seller of Improper Tender or Delivery - Replacement
§ 4-2-509. Risk of Loss in the Absence of Breach
§ 4-2-510. Effect of Breach on Risk of Loss
§ 4-2-512. Payment by Buyer Before Inspection
§ 4-2-513. Buyer's Right to Inspection of Goods
§ 4-2-514. When Documents Deliverable on Acceptance - When on Payment