Legislation
SECTION 2-603
Merchant Buyer's Duties as to Rightfully Rejected Goods
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 6
Section 2--603. Merchant Buyer's Duties as to Rightfully Rejected Goods.
(1) Subject to any security interest in the buyer (subsection (3) of
Section 2--711), when the seller has no agent or place of business at
the market of rejection a merchant buyer is under a duty after rejection
of goods in his possession or control to follow any reasonable
instructions received from the seller with respect to the goods and in
the absence of such instructions to make reasonable efforts to sell them
for the seller's account if they are perishable or threaten to decline
in value speedily. Instructions are not reasonable if on demand
indemnity for expenses is not forthcoming.
(2) When the buyer sells goods under subsection (1), he is entitled to
reimbursement from the seller or out of the proceeds for reasonable
expenses of caring for and selling them, and if the expenses include no
selling commission then to such commission as is usual in the trade or
if there is none to a reasonable sum not exceeding ten per cent on the
gross proceeds.
(3) In complying with this section the buyer is held only to good
faith and good faith conduct hereunder is neither acceptance nor
conversion nor the basis of an action for damages.
(1) Subject to any security interest in the buyer (subsection (3) of
Section 2--711), when the seller has no agent or place of business at
the market of rejection a merchant buyer is under a duty after rejection
of goods in his possession or control to follow any reasonable
instructions received from the seller with respect to the goods and in
the absence of such instructions to make reasonable efforts to sell them
for the seller's account if they are perishable or threaten to decline
in value speedily. Instructions are not reasonable if on demand
indemnity for expenses is not forthcoming.
(2) When the buyer sells goods under subsection (1), he is entitled to
reimbursement from the seller or out of the proceeds for reasonable
expenses of caring for and selling them, and if the expenses include no
selling commission then to such commission as is usual in the trade or
if there is none to a reasonable sum not exceeding ten per cent on the
gross proceeds.
(3) In complying with this section the buyer is held only to good
faith and good faith conduct hereunder is neither acceptance nor
conversion nor the basis of an action for damages.