75-89-43 - Failure to make timely delivery not a violation when caused by factors beyond control of seller, seller's agents, etc.
§ 75-89-43. Failure to make timely delivery not a violation when caused by factors beyond control of seller, seller's agents, etc.
It shall be a defense in any complaint, information, indictment, any writ or proceeding brought under this chapter alleging a violation of Section 75-89-5 based solely on the failure in an individual case to make physical delivery within the applicable time period under paragraph (e) of Section 75-89-3 or paragraph (1)(b) of Section 75-89-9 that:
(a) Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or any of them, the seller's affiliates, subsidiaries or successors; and
(b) Physical delivery was completed within a reasonable time under the applicable circumstances.
Sources: Laws, 1993, ch. 319, § 22, eff from and after July 1, 1993.