70A-2-603. Merchant buyer's duties as to rightfully rejected goods.
(1) Subject to any security interest in the buyer (Subsection (3) of Section 70A-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 action for damages.
Amended by Chapter 272, 1977 General Session
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Last revised: Thursday, May 28, 2009