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§12A-2A-511.
§12A-2A-511.
MERCHANT LESSEE'S DUTIES AS TO
RIGHTFULLY REJECTED GOODS
(1) Subject to any security interest of a lessee (subsection (5) of
Section 55 of this act), 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 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) of this section) or any other
lessee (Section 59 of this act) disposes of goods, he 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 ten percent (10%) of the gross proceeds.
(3) In complying with this section or Section 59 of this act, 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 59 of this act 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.
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