400.2-603. Merchant buyer's duties as to rightfully rejected goods. - Missouri Statutes

Merchant buyer's duties as to rightfully rejected goods.

400.2-603. (1) Subject to any security interest in thebuyer (subsection (3) of section 400.2-711), when the seller hasno agent or place of business at the market of rejection amerchant buyer is under a duty after rejection of goods in hispossession or control to follow any reasonable instructionsreceived from the seller with respect to the goods and in theabsence of such instructions to make reasonable efforts to sellthem for the seller's account if they are perishable or threatento decline in value speedily. Instructions are not reasonable ifon demand indemnity for expenses is not forthcoming.

(2) When the buyer sells goods under subsection (1), he isentitled to reimbursement from the seller or out of the proceedsfor reasonable expenses of caring for and selling them, and ifthe expenses include no selling commission then to suchcommission as is usual in the trade or if there is none to areasonable sum not exceeding ten percent on the gross proceeds.

(3) In complying with this section the buyer is held only togood faith and good faith conduct hereunder is neither acceptancenor conversion nor the basis of an action for damages.

(L. 1963 p. 503 § 2-603)