Article 2 — Sales · Section 2-308

UCC § 2-308

Quick Answer

What does UCC § 2-308 cover?

UCC § 2-308 outlines the default delivery terms for contracts of sale when not specified by the parties, focusing on the place of delivery.

Source: U.C.C. § 2-308

Official Text
Unless otherwise agreed: (a) the place of delivery is the seller's place of business or, if he has none, his residence; (b) in a contract for sale of goods which are to be moved, place of delivery is the place where the goods are to be moved from.
Plain Language

This section establishes that if a buyer and seller do not specify where goods are to be delivered, the goods are assumed to be delivered at the seller's business location or residence. Additionally, if the goods are to be transported, the delivery location is where the goods are dispatched from.

Key Definitions

Place of Delivery

The location where goods are delivered as specified in a sales contract.

Seller's Place of Business

The physical location where the seller conducts their business activities.

Practical Examples

Example 1

A seller in New York sells goods to a buyer in California but does not specify the delivery location. The goods are delivered at the seller's New York business address.

Example 2

A farmer sells produce to a grocery store, specifying that the goods should be picked up at the farm, which serves as the place of delivery.

Common Exam Issues
  • Determine the implications of failing to specify a delivery location in the sales contract.
  • Analyze scenarios where the seller does not have a business location and how delivery is handled.
Related Sections
  • ucc-2-307
  • ucc-2-309

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