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Session Laws, 1975
Volume 716, Page 133   View pdf image
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MARVIN MANDEL, Governor

133

Subject to the provisions of this [subtitle] TITLE
on breach in installment contracts (§ 2—612) and unless
otherwise agreed under the sections on contractual
limitations of remedy (§§ 2-718 and 2-719), if the goods
or the tender of delivery fail in any respect to conform
to the contract, the buyer may

(a)   Reject the whole; or

(b)   Accept the whole; or

(c)   Accept any commercial unit or units and
reject the rest.

2—602. Manner and effect of rightful rejection.

(1)    Rejection of goods must be within a reasonable
time after their delivery or tender. It is ineffective
unless the buyer seasonably notifies the seller.

(2)    Subject to the provisions of the two following
sections on rejected goods (§§ 2—603 and 2-604),

fa) After rejection any exercise of ownership
by the buyer with respect to any commercial unit is
wrongful as against the seller; and

(b)    If the buyer has before rejection taken
physical possession of goods in which he does not have a
security interest under the provisions of this [subtitle]
TITLE (subsection (3) of § 2-711), he is under a duty
after rejection to hold them with reasonable care at the
seller's disposition for a time sufficient to permit the
seller to remove them; but

(c)   The buyer has no further obligations with
regard to goods rightfully rejected.

(3)   The seller's rights with respect to goods
wrongfully rejected are governed by the provisions of
this [subtitle] TITLE on seller's remedies in general (§
2-703).

2—603. Merchant buyer's duties as to rightfully rejected
goods.

(1) Subject to any security interest in the buyer
(subsection (3) of § 2—711), when the seller has no agent
or place of business at the market of rejection a
merchant buyer is under a duty after rejection of goods
in his possession or control to follow any reasonable
instructions received from the seller with respect to the
goods and in the absence of such instructions to make
reasonable efforts to sell then for the seller's account

 

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Session Laws, 1975
Volume 716, Page 133   View pdf image
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