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Title XXVI TRADE AND COMMERCE

Chapter 400

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  400.2-602.  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 (sections 400.2-603 and 400.2-604),

  (a)  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 article (subsection (3) of section 400.2-711), 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 article on seller's remedies in general (section 400.2-703).

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(L. 1963 p. 503 § 2-602)

(1971) In action by seller against buyer for contract price of machine, court of appeals held that assuming machine was defective, defendant operated machine an unreasonable length of time before rejecting it and buyer was liable for contract price. Stephens Industries, Inc. v. American Express Company (A.), 471 S.W.2d 501.


---- end of effective   28 Aug 1963 ----

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