2006 New York Code - Merchant Buyer\'s Duties As To Rightfully Rejected Goods.



 
  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.

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