§ 25-2-711. Buyer's remedies in general; buyer's security interest in rejected goods. - North Carolina Statutes

§25‑2‑711.  Buyer's remedies in general; buyer's security interestin  rejected goods.

(1)        Where the sellerfails to make delivery or repudiates or the buyer rightfully rejects orjustifiably revokes acceptance then with respect to any goods involved, andwith respect to the whole if the breach goes to the whole contract (G.S. 25‑2‑612),the buyer may cancel and whether or not he has done so may in addition torecovering so much of the price as has been paid

(a)        "cover"and have damages under the next section [G.S. 25‑2‑712] as to allthe goods affected whether or not they have been identified to the contract; or

(b)        recover damages fornondelivery as provided in this article (G.S. 25‑2‑713).

(2)        Where the sellerfails to deliver or repudiates the buyer may also

(a)        if the goods havebeen identified recover them as provided in this article (G.S. 25‑2‑502);or

(b)        in a proper caseobtain specific performance or replevy the goods as provided in this article(G.S. 25‑2‑716).

(3)        On rightfulrejection or justifiable revocation of acceptance a buyer has a securityinterest in goods in his possession or control for any payments made on theirprice and any expenses reasonably incurred in their inspection, receipt,transportation, care and custody and may hold such goods and resell them inlike manner as an aggrieved seller (G.S. 25‑2‑706). (1965,c. 700, s. 1.)