Sec. 42a-2A-727. Merchant lessee's duties; lessee's options as to salvage.
Sec. 42a-2A-727. Merchant lessee's duties; lessee's options as to salvage. (a)
Subject to a lessee's security interest under subsection (d) of section 42a-2A-724, if the
lessor or supplier does not have an agent or place of business at the market where the
goods were rejected or acceptance was revoked, a merchant lessee, after an effective
rejection or justifiable revocation of acceptance of goods in the lessee's possession or
control, shall follow any reasonable instructions received from the lessor or supplier
with respect to the goods. In the absence of such instructions, a merchant lessee shall
make a reasonable effort to sell, lease or otherwise dispose of the goods for the lessor's
account if the goods threaten to decline speedily in value. In the case of a rightful rejection
or justifiable revocation of acceptance, instructions are not reasonable if, on demand,
indemnity for expenses is not forthcoming.
(b) In the case of a rightful rejection or justifiable revocation of acceptance:
(1) A merchant lessee that sells or leases goods under subsection (a) of this section
is entitled to reimbursement from the lessor or supplier, or out of the proceeds, for the
reasonable expenses of caring for and disposing of the goods.
(2) If the expenses under subdivision (1) of this subsection do not include a disposition commission, the lessee is entitled to a commission usual in the trade or, if there is
none, to a reasonable sum not exceeding ten per cent of the gross proceeds.
(c) Except as otherwise provided in subsection (a) of this section, after an effective
rejection or a justifiable revocation of acceptance, a lessee may store the rejected goods
for the account of the lessor or supplier, reship them to the lessor or supplier, or resell
them for the account of the lessor or supplier, with reimbursement in the case of a rightful
rejection or a justifiable revocation of acceptance as provided in subsection (b) of this
section.
(d) In complying with this section or section 42a-2A-728, the lessee shall act in
good faith. Conduct in good faith under this section does not constitute acceptance or
conversion and may not be the basis of a claim for damages.
(e) A person that purchases in good faith from a lessee under this section or section
42a-2A-728 takes the goods free of any rights of the lessor and the supplier, even if the
lessee fails to comply with the requirements of this article.
(P.A. 02-131, S. 80.)