Sec. 42a-2-603. Merchant buyer's duties as to rightfully rejected goods.
Sec. 42a-2-603. Merchant buyer's duties as to rightfully rejected goods. (1)
Subject to any security interest in the buyer as provided by subsection (3) of section
42a-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.
(1959, P.A. 133, S. 2-603.)