Idaho State Statutes - Idaho Attorney Directory

(1) 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.
(2) Where the case is within the next section respecting shipment tender
requires that the seller comply with its provisions.
(3) Where the seller is required to deliver at a particular destination
tender requires that he comply with subsection (1) and also in any appropriate
case tender documents as described in subsections (4) and (5) of this section.
(4) Where goods are in the possession of a bailee and are to be delivered
without being moved
(a) tender requires that the seller either tender a negotiable document
of title covering such goods or procure acknowledgment by the bailee of
the buyer's right to possession of the goods; but
(b) tender to the buyer of a nonnegotiable document of title or of a
record directing to the bailee to deliver is sufficient tender unless the
buyer seasonably objects, and except as otherwise provided in chapter 9,
title 28, Idaho Code, receipt by the bailee of notification of the buyer's
rights fixes those rights as against the bailee and all third persons; but
risk of loss of the goods and of any failure by the bailee to honor the
nonnegotiable document of title or to obey the direction remains on the
seller until the buyer has had a reasonable time to present the document
or direction, and a refusal by the bailee to honor the document or to obey
the direction defeats the tender.
(5) Where the contract requires the seller to deliver documents
(a) he must tender all such documents in correct form, except as provided
in this chapter with respect to bills of lading in a set (subsection (2)
of section 28-2-323); and
(b) tender through customary banking channels is sufficient and dishonor
of a draft accompanying or associated with the documents constitutes
nonacceptance or rejection.

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