Section 2-310 - Open time for payment or running of credit - Authority to ship under reservationUnless otherwise agreed:
(a) payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and(b) if the seller is authorized to send the goods he may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (Section 2-513); and(c) if delivery is authorized and made by way of documents of title otherwise than by subsection (b) then payment is due regardless of where the goods are to be received (i) at the time and place at which the buyer is to receive delivery of the tangible documents or (ii) at the time the buyer is to receive delivery of the electronic documents and at the seller's place of business or if none, the seller's residence; and(d) where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but post-dating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.Okla. Stat. tit. 12A, § 2-310
Laws 1961, p. 80, § 2-310; Amended by Laws 2005 , HB 2035, c. 140, § 44, eff. 1/1/2006.Oklahoma Code Comment
(a) This is consistent with the previous Oklahoma rule that payment is due upon the delivery of the goods. Wolfe v. Texas Co., C.C.A., 83 F.2d 425 (1936) certiorari denied 299 U.S. 553 , 57 S.Ct. 15, 81 L.Ed. 407. Note the wording "at which the buyer is to receive the goods." "Receive" means taking physical possession. Section 2-103(c) . Thus, even though the goods are shipped "f. o. b. seller's plant" payment is not due until the goods are received, unless otherwise agreed, and subject to the other provisions in this section. This clarifies prior law.
(b) (c) & (d) There are no previous Oklahoma decisions.