Legislation
SECTION 445
Duty of buyer
Personal Property (PEP) CHAPTER 41, ARTICLE 10-B
§ 445. Duty of buyer. 1. Except as provided in subdivision four of
section four hundred forty-four of this article, within a reasonable
time after a telephone sale has been cancelled and the buyer has
received written notice from the seller that the buyer's charge account
has been recredited, the buyer upon demand shall tender to the seller
any goods delivered by the seller pursuant to the sale but need not
tender at any place other than his residence. If the seller fails to
demand possession of such goods within a reasonable time after
cancellation or revocation, the goods shall become the property of the
buyer without obligation to pay for them. For the purpose of this
section, twenty days shall be presumed to be a reasonable time.
2. The buyer shall take reasonable care of the goods in his possession
both before cancellation and for a reasonable time thereafter, during
which time the goods are otherwise at the seller's risk.
3. If the seller has performed any services pursuant to a telephone
sale prior to its cancellation, the seller shall not be entitled to
compensation therefor.
section four hundred forty-four of this article, within a reasonable
time after a telephone sale has been cancelled and the buyer has
received written notice from the seller that the buyer's charge account
has been recredited, the buyer upon demand shall tender to the seller
any goods delivered by the seller pursuant to the sale but need not
tender at any place other than his residence. If the seller fails to
demand possession of such goods within a reasonable time after
cancellation or revocation, the goods shall become the property of the
buyer without obligation to pay for them. For the purpose of this
section, twenty days shall be presumed to be a reasonable time.
2. The buyer shall take reasonable care of the goods in his possession
both before cancellation and for a reasonable time thereafter, during
which time the goods are otherwise at the seller's risk.
3. If the seller has performed any services pursuant to a telephone
sale prior to its cancellation, the seller shall not be entitled to
compensation therefor.