Section 2-A-511. Merchant Lessee's Duties as to Rightfully Rejected Goods  


Latest version.
  • (1) Subject to any security interest of a lessee (Section 2-A-508(5)),
      if a lessor or a supplier has no agent  or  place  of  business  at  the
      market  of rejection, a merchant lessee, after rejection of goods in his
      or her possession or control, shall follow any  reasonable  instructions
      received  from  the lessor or the supplier with respect to the goods. In
      the  absence  of  those  instructions,  a  merchant  lessee  shall  make
      reasonable efforts to sell, lease, or otherwise dispose of the goods for
      the  lessor's  account  if  they  threaten to decline in value speedily.
      Instructions are not reasonable if on demand indemnity for  expenses  is
      not forthcoming.
        (2) If a merchant lessee (subsection (1)) or any other lessee (Section   2-A-512)  disposes  of  goods,  he  or  she is entitled to reimbursement
      either from the lessor or the  supplier  or  out  of  the  proceeds  for
      reasonable expenses of caring for and disposing of the goods and, if the
      expenses  include  no  disposition  commission, to such commission as is
      usual in the trade, or if  there  is  none,  to  a  reasonable  sum  not
      exceeding 10 percent of the gross proceeds.
        (3)  In  complying with this section or Section 2-A-512, the lessee is
      held only to  good  faith.  Good  faith  conduct  hereunder  is  neither
      acceptance or conversion nor the basis of an action for damages.
        (4)  A purchaser who purchases in good faith from a lessee pursuant to
      this section or Section 2-A-512 takes the goods free of  any  rights  of
      the  lessor and the supplier even though the lessee fails to comply with
      one or more of the requirements of this Article.