(810 ILCS 5/2‑502) (from Ch. 26, par. 2‑502)
Sec. 2‑502. Buyer's right to goods on seller's insolvency.
(1) Subject to subsections (2) and (3) and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which he has a special property under the provisions of the immediately preceding section may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:
(a) in the case of goods bought for personal, |
| family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or | |
(b) in all cases, the seller becomes insolvent |
| within 10 days after receipt of the first installment on their price. | |
(2) The buyer's right to recover the goods under subsection (1)(a) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.
(3) If the identification creating his special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale.
(Source: P.A. 91‑893, eff. 7‑1‑01.) |
(810 ILCS 5/2‑503)
(from Ch. 26, par. 2‑503)
Sec. 2‑503.
Manner of seller's tender of delivery.
(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 Article, 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 non‑negotiable document |
| of title or of a record directing the bailee to deliver is sufficient tender unless the buyer seasonably objects, and except as otherwise provided in Article 9 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 non‑negotiable 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 Article with respect to bills of lading in a set (subsection (2) of Section 2‑323); and | |
(b) tender through customary banking channels is |
| sufficient and dishonor of a draft accompanying or associated with the documents constitutes non‑acceptance or rejection. | |
(Source: P.A. 95‑895, eff. 1‑1‑09 .) |
(810 ILCS 5/2‑509)
(from Ch. 26, par. 2‑509)
Sec. 2‑509.
Risk of loss in the absence of breach.
(1) Where the contract requires or authorizes the seller to ship the goods by carrier
(a) if it does not require him to deliver them at a
| particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (Section 2‑‑505); but | |
(b) if it does require him to deliver them at a |
| particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery. | |
(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer
(a) on his receipt of possession or control of a |
| negotiable document of title covering the goods; or | |
(b) on acknowledgment by the bailee of the buyer's |
| right to possession of the goods; or | |
(c) after his receipt of possession or control of a |
| non‑negotiable document of title or other direction to deliver in a record, as provided in subsection (4) (b) of Section 2‑‑503. | |
(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.
(4) The provisions of this Section are subject to contrary agreement of the parties and to the provisions of this Article on sale on approval (Section 2‑‑327) and on effect of breach on risk of loss (Section 2‑‑510).
(Source: P.A. 95‑895, eff. 1‑1‑09.) |
(810 ILCS 5/2‑502) (from Ch. 26, par. 2‑502)
Sec. 2‑502. Buyer's right to goods on seller's insolvency.
(1) Subject to subsections (2) and (3) and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which he has a special property under the provisions of the immediately preceding section may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:
(a) in the case of goods bought for personal, |
| family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or | |
(b) in all cases, the seller becomes insolvent |
| within 10 days after receipt of the first installment on their price. | |
(2) The buyer's right to recover the goods under subsection (1)(a) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.
(3) If the identification creating his special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale.
(Source: P.A. 91‑893, eff. 7‑1‑01.) |
(810 ILCS 5/2‑503)
(from Ch. 26, par. 2‑503)
Sec. 2‑503.
Manner of seller's tender of delivery.
(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 Article, 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 non‑negotiable document |
| of title or of a record directing the bailee to deliver is sufficient tender unless the buyer seasonably objects, and except as otherwise provided in Article 9 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 non‑negotiable 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 Article with respect to bills of lading in a set (subsection (2) of Section 2‑323); and | |
(b) tender through customary banking channels is |
| sufficient and dishonor of a draft accompanying or associated with the documents constitutes non‑acceptance or rejection. | |
(Source: P.A. 95‑895, eff. 1‑1‑09 .) |
(810 ILCS 5/2‑509)
(from Ch. 26, par. 2‑509)
Sec. 2‑509.
Risk of loss in the absence of breach.
(1) Where the contract requires or authorizes the seller to ship the goods by carrier
(a) if it does not require him to deliver them at a
| particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (Section 2‑‑505); but | |
(b) if it does require him to deliver them at a |
| particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery. | |
(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer
(a) on his receipt of possession or control of a |
| negotiable document of title covering the goods; or | |
(b) on acknowledgment by the bailee of the buyer's |
| right to possession of the goods; or | |
(c) after his receipt of possession or control of a |
| non‑negotiable document of title or other direction to deliver in a record, as provided in subsection (4) (b) of Section 2‑‑503. | |
(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.
(4) The provisions of this Section are subject to contrary agreement of the parties and to the provisions of this Article on sale on approval (Section 2‑‑327) and on effect of breach on risk of loss (Section 2‑‑510).
(Source: P.A. 95‑895, eff. 1‑1‑09.) |