TENDER

A tender is an offer to do or perform an act which the party offering, is bound to

perform to the party to whom the offer is made.
A tender may be of money or of specific articles; these will be separately considered.
Of the lender of money. To make a valid tender the following requisites are necessary:
1. It must be made by a person capable of paying: for if it be made by a stranger
without the consent of the debtor, it will be insufficient.
It must be made to the creditor having capacity to receive it, or to his authorized
agent.
The whole sum due must be offered, in the lawful coin of the United States, or foreign
coin made current by law and the offer must be unqualified by any circumstance
whatever. But a tender in bank notes, if not objected to on that account, will be good.
But in such case, the amount tendered must be what is due exactly, for a tender of a
five dollar note, demanding change, would not be a good tender of four dollars. And a
tender was held good when made by a check contained in a letter, requesting a receipt
in return which the plaintiff sent back demanding a larger sum, without objecting to
the nature of the tender. When stock is to be tendered, everything must be done by the
debtor to enable him to transfer it, but it is not absolutely requisite that it should be
transferred.
If a term had been stipulated in favor of a creditor, it must be expired; the offer should
be made at the time agreed upon for the performance of the contract if made
afterwards, it only goes in mitigation of damages, provided it be made before suit
brought. The tender ought to be made before day-light is entirely gone.
The condition on which the debt was contracted must be fulfilled.
The tender must be made at the place agreed upon for the payment, or, if there be no
place appointed for that purpose, then to the creditor or his authorized agent.
When a tender has been properly made, it is a complete defence to the action but the
benefit of a tender is lost, if the creditor afterwards demand the thing due from the
debtor, and the latter refuse to pay it
Of the tender of specific articles. It is a rule that specific articles maybe tendered at
some particular place, and not, like money, to the person of the creditor wherever
found. When no place is expressly mentioned in the contract, the place of delivery is
to be ascertained by the intent of the parties, to be collected from the nature of the
case and its circumstances. If, for example, the contract is for delivery of goods from
the seller to the buyer on demand, the former being the manufacturer of the goods or a
dealer in them, no place being particularly named, the manufactory or store of the
seller will be considered as the place intended, and a tender there will be sufficient.
When the specific articles are at another place at the time of sale, that will be the place
of delivery.

When the goods are cumbrous, and the place of delivery is not designated, nor to be
inferred from the circumstances, it is presumed that it was intended that they should
be delivered at any place which the creditor might reasonably appoint; if the creditor
refuses, or names an unreasonable place, the debtor may select a proper place, and
having given notice to the creditor, deliver the goods there.

"Tender Document or Contract Document shall mean and comprise the following:
1)
Form Of Tender
2)
Specification
3)
Schedule Of Tender Rates / Prices
4)
Schedule Of Deviation or Other Schedules (where applicable)
5)
Special Conditions (where applicable)
6)
Appendices
7)
Definition Of Terms
8)
Conditions Of Tendering
9)
General Conditions Of Contract
10)

Letter Of Acceptance (where applicable)

11)
Form Of Agreement (where applicable)
12)
Purchase Order or Service Order (where applicable)
13)
Confidentiality Undertaking (where applicable)