(1)  Unless otherwise agreed tender of payment is a condition to the seller‘s duty to tender and complete any delivery.

Terms Used In Utah Code 70A-2-511

  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Seller: means a person who sells or contracts to sell goods. See Utah Code 70A-2-103
(2)  Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.

(3)  Subject to the provisions of this act on the effect of an instrument on an obligation, Section 70A-3-310, payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.

Amended by Chapter 237, 1993 General Session