§ 4-2.5-511 — Merchant lessee's duties as to rightfully rejected goods

Colorado § 4-2.5-511

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Leases

Text

(1)
Subject to any security interest of a lessee (section 4-2.5-508 (5)), 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 or her 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)) or any other lessee (section 4-2.5-512) disposes of goods, he or she 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 of the gross proceeds.

(3) In complying with this section or section 4-2.5-512, 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 4-2.5-512 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.

Legislative History

Source: L. 91: Entire article added, p. 306, � 1, effective July 1, 1992.