11 §2-505. Seller's shipment under reservation

Title 11: UNIFORM COMMERCIAL CODE

Article 2: SALES

Part 5: PERFORMANCE

§2-505. Seller's shipment under reservation

(1). Where the seller has identified goods to the contract by or before shipment,

(a). His procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named.

(b). A nonnegotiable bill of lading to the seller or the seller's nominee reserves possession of the goods as security, but except in a case of conditional delivery under section 2-507, subsection (2) a nonnegotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading. [2009, c. 324, Pt. B, §12 (AMD); 2009, c. 324, Pt. B, §48 (AFF).]

[ 2009, c. 324, Pt. B, §12 (AMD); 2009, c. 324, Pt. B, §48 (AFF) .]

(2). When shipment by the seller with reservation of a security interest is in violation of the contract for sale, it constitutes an improper contract for transportation within section 2-504 but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title.

[ 2009, c. 324, Pt. B, §13 (AMD); 2009, c. 324, Pt. B, §48 (AFF) .]

SECTION HISTORY

2009, c. 324, Pt. B, §§12, 13 (AMD). 2009, c. 324, Pt. B, §48 (AFF).