(a)A carrier's lien on goods may be
enforced by public or private sale of the goods, in bulk or in packages, at any time
or place and on any terms that are commercially reasonable, after notifying all
persons known to claim an interest in the goods. The notification must include a
statement of the amount due, the nature of the proposed sale, and the time and
place of any public sale. The fact that a better price could have been obtained by a
sale at a different time or in a method different from that selected by the carrier is
not of itself sufficient to establish that the sale was not made in a commercially
reasonable manner. The carrier sells goods in a commercially reasonable manner if
the carrier sells the goods in the usual manner in any recognized market therefor,
sells at
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(a) A carrier's lien on goods may be
enforced by public or private sale of the goods, in bulk or in packages, at any time
or place and on any terms that are commercially reasonable, after notifying all
persons known to claim an interest in the goods. The notification must include a
statement of the amount due, the nature of the proposed sale, and the time and
place of any public sale. The fact that a better price could have been obtained by a
sale at a different time or in a method different from that selected by the carrier is
not of itself sufficient to establish that the sale was not made in a commercially
reasonable manner. The carrier sells goods in a commercially reasonable manner if
the carrier sells the goods in the usual manner in any recognized market therefor,
sells at the price current in that market at the time of the sale, or otherwise sells in
conformity with commercially reasonable practices among dealers in the type of
goods sold. A sale of more goods than apparently necessary to be offered to ensure
satisfaction of the obligation is not commercially reasonable, except in cases
covered by the preceding sentence.
(b) Before any sale is held pursuant to this section, any person claiming a
right in the goods may pay the amount necessary to satisfy the lien and the
reasonable expenses incurred in complying with this section. In that event, the
goods may not be sold but must be retained by the carrier, subject to the terms of
the bill of lading and this article.
(c) A carrier may buy at any public sale pursuant to this section.
(d) A purchaser in good faith of goods sold to enforce a carrier's lien takes
the goods free of any rights of persons against which the lien was valid, despite the
carrier's noncompliance with this section.
(e) A carrier may satisfy its lien from the proceeds of any sale pursuant to
this section but shall hold the balance, if any, for delivery on demand to any person
to which the carrier would have been bound to deliver the goods.
(f) The rights provided by this section are in addition to all other rights
allowed by law to a creditor against a debtor.
(g) A carrier's lien may be enforced pursuant to either subsection (a) of this
section or the procedure set forth in section 4-7-210 (b).
(h) A carrier is liable for damages caused by failure to comply with the
requirements for sale under this section and, in case of willful violation, is liable for
conversion.