§ 2702 — Remedies of seller on discovery of insolvency of buyer

Pennsylvania § 2702

• Jurisdiction: Pennsylvania
• Title 13: COMMERCIAL CODE
• Ch. 27: REMEDIES

Text

(a) Right to refuse or stop delivery.--Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract and stop delivery under this division (section 2705).

(b) Reclamation of goods on credit.--Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten-day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay.

(c) Limitations on right of reclamation.--The right of the seller to reclaim under subsection (b) is subject to the rights of a buyer in ordinary course or other good faith purchaser under this division (section 2403). Successful reclamation of goods excludes all other remedies with respect to them.

Legislative History

(Nov. 26, 1982, P.L.696, No.201, eff. 180 days) Cross References.Section 2702 is referred to in section 2705 of this title.