§ 25-2-603. Merchant buyer's duties as to rightfully rejected goods.
§25‑2‑603. Merchant buyer's duties as to rightfully rejected goods.
(1) Subject to anysecurity interest in the buyer (subsection (3) of G.S. 25‑2‑711),when the seller has no agent or place of business at the market of rejection amerchant buyer is under a duty after rejection of goods in his possession orcontrol to follow any reasonable instructions received from the seller withrespect to the goods and in the absence of such instructions to make reasonableefforts to sell them for the seller's account if they are perishable orthreaten to decline in value speedily. Instructions are not reasonable if ondemand indemnity for expenses is not forthcoming.
(2) When the buyersells goods under subsection (1), he is entitled to reimbursement from theseller or out of the proceeds for reasonable expenses of caring for and sellingthem, and if the expenses include no selling commission then to such commissionas is usual in the trade or if there is none to a reasonable sum not exceedingten per cent (10%) on the gross proceeds.
(3) In complying withthis section the buyer is held only to good faith and good faith conducthereunder is neither acceptance nor conversion nor the basis of an action fordamages. (1965, c. 700, s. 1.)