70A-2-603 - Merchant buyer's duties as to rightfully rejected goods. - Utah Statutes

70A-2-603. Merchant buyer's duties as to rightfully rejected goods.
(1) Subject to any security interest in the buyer (Subsection (3) of Section 70A-2-711),when the seller has no agent or place of business at the market of rejection a merchant buyer isunder a duty after rejection of goods in his possession or control to follow any reasonableinstructions received from the seller with respect to the goods and in the absence of suchinstructions to make reasonable efforts to sell them for the seller's account if they are perishableor threaten to decline in value speedily. Instructions are not reasonable if on demand indemnityfor expenses is not forthcoming.
(2) When the buyer sells goods under Subsection (1), he is entitled to reimbursementfrom the seller or out of the proceeds for reasonable expenses of caring for and selling them, andif the expenses include no selling commission then to such commission as is usual in the trade orif there is none to a reasonable sum not exceeding 10% on the gross proceeds.
(3) In complying with this section the buyer is held only to good faith and good faithconduct hereunder is neither acceptance nor conversion nor the basis of action for damages.

Amended by Chapter 272, 1977 General Session