REQUISITES OF A VALID TENDER

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  1. It must be unconditional. It becomes conditional when it is not in accordance with the terms of the contract.
  2. It must be of the whole quantity contracted for or of the whole obligation. A tender of an installment when the contract stipulates payment in full is not a valid tender.
  3. It must be by a person who is in a position, and is willing, to perform the promise.
  4. It must be made at the proper time and place. A tender of goods after the business hours or of goods or money before the due date is not a valid tender.
  5. It must be made to proper person, i.e. the promise or his duly authorized agent. It must also be in proper form.
  6. It may be made to one of the several joint promises. In such a case it has the same effect as a tender to all of them.
  7. In case of tender of goods,  it must give a reasonable opportunity to the promise for inspection of goods.
  8. In case of tender of money, the debtor must make a valid tender in the legal tender money.
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