8.2-603 - Merchant buyer's duties as to rightfully rejected goods. - Virginia Statutes

§ 8.2-603. Merchant buyer's duties as to rightfully rejected goods.

(1) Subject to any security interest in the buyer (subsection (3) of §8.2-711), when the seller has no agent or place of business at the market ofrejection a merchant buyer is under a duty after rejection of goods in hispossession or control to follow any reasonable instructions received from theseller with respect to the goods and in the absence of such instructions tomake reasonable efforts to sell them for the seller's account if they areperishable or threaten to decline in value speedily. Instructions are notreasonable if on demand indemnity for expenses is not forthcoming.

(2) When the buyer sells goods under subsection (1), he is entitled toreimbursement from the seller or out of the proceeds for reasonable expensesof caring for and selling them, and if the expenses include no sellingcommission then to such commission as is usual in the trade or if there isnone to a reasonable sum not exceeding ten per cent on the gross proceeds.

(3) In complying with this section the buyer is held only to good faith andgood faith conduct hereunder is neither acceptance nor conversion nor thebasis of an action for damages.

(1964, c. 219.)