2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 73 - Bills of Lading: Special Provisions
7308 - Enforcement of carrier's lien.

     § 7308.  Enforcement of carrier's lien.
        (a)  Sale.--
            (1)  Except as otherwise provided in subsection (b), a
        carrier's lien on goods may be enforced by public or private
        sale of the goods, in bulk or in packages, at any time or
        place and on any terms that are commercially reasonable,
        after notifying all persons known to claim an interest in the
        goods.
            (2)  The notification must include a statement of the
        amount due, the nature of the proposed sale and the time and
        place of any public sale.
            (3)  The fact that a better price could have been
        obtained by a sale at a different time or in a different
        method from that selected by the carrier is not of itself
        sufficient to establish that the sale was not made in a
        commercially reasonable manner.
            (4)  The carrier has sold goods in a commercially
        reasonable manner if the carrier sells the goods in the usual
        manner in any recognized market therefor, sells at the price
        current in that market at the time of the sale or has
        otherwise sold in conformity with commercially reasonable
        practices among dealers in the type of goods sold.
            (5)  A sale of more goods than apparently necessary to be
        offered to ensure satisfaction of the obligation is not
        commercially reasonable, except in cases covered by paragraph
        (4).
        (b)  Satisfaction.--Before any sale pursuant to this section,
     any person claiming a right in the goods may pay the amount
     necessary to satisfy the lien and the reasonable expenses
     incurred in complying with this section. In that event, the
     goods may not be sold but must be retained by the carrier,
     subject to the terms of the bill of lading and this division.
        (c)  Purchase by carrier.--A carrier may buy at any public
     sale pursuant to this section.
        (d)  Purchaser in good faith.--A purchaser in good faith of
     goods sold to enforce a carrier's lien takes the goods free of
     any rights of persons against which the lien was valid, despite
     the carrier's noncompliance with this section.
        (e)  Proceeds of sale.--A carrier may satisfy its lien from
     the proceeds of any sale pursuant to this section but shall hold
     the balance, if any, for delivery on demand to any person to
     which the carrier would have been bound to deliver the goods.
        (f)  Additional rights.--The rights provided by this section
     are in addition to all other rights allowed by law to a creditor
     against a debtor.
        (g)  Enforcement.--A carrier's lien may be enforced pursuant
     to either subsection (a) or the procedure set forth in section
     7210(b) (relating to enforcement of warehouse's lien).
        (h)  Liability.--A carrier is liable for damages caused by
     failure to comply with the requirements for sale under this
     section and, in case of willful violation, is liable for
     conversion.