§ 41-02-66 — (2-603) Merchant buyer's duties as to rightfully rejected goods

1. Subject to any security interest in the buyer (subsection 3 of section 41-02-90), 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 the merchant buyer's 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
them for the seller's account if they are perishable or threaten to decline in value
speedily. Instructions are not reasonable if on demand indemnity for expenses is not
forthcoming.
2. When the buyer sells goods under subsection 1, the buyer is entitled to reimbursement
from the seller or out of the proceeds for reasonable expenses of caring for and selling
them and, if the expenses include no selling commission, then to such commission as

is usual in the trade or, if there is none, to a reasonable sum not exceeding ten percent
on the gross proceeds.
3. In complying with this section, the buyer is held only to good faith and good-faith
conduct hereunder is neither acceptance nor conversion nor the basis of an action for
damages.