(1) 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 chapter (§ 4-2-705).
(2) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten (10) days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three (3) 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.
(3) The seller's right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser under this chapter (§ 4-2-403). Successful reclamation of goods excludes all other remedies with respect to them.
History. Acts 1961, No. 185, § 2-702; 1967, No. 303, § 4; A.S.A. 1947, § 85-2-702.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
§ 4-2-701. Remedies for breach of collateral contracts not impaired
§ 4-2-702. Seller's remedies on discovery of buyer's insolvency
§ 4-2-703. Seller's remedies in general
§ 4-2-705. Seller's stoppage of delivery in transit or otherwise
§ 4-2-706. Seller's resale including contract for resale
§ 4-2-707. “Person in the position of a seller.”
§ 4-2-708. Seller's damages for non-acceptance or repudiation
§ 4-2-709. Action for the price
§ 4-2-710. Seller's incidental damages
§ 4-2-711. Buyer's remedies in general — Buyer's security interest in rejected goods
§ 4-2-712. “Cover” — Buyer's procurement of substitute goods
§ 4-2-713. Buyer's damages for nondelivery or repudiation
§ 4-2-714. Buyer's damages for breach in regard to accepted goods
§ 4-2-715. Buyer's incidental and consequential damages
§ 4-2-716. Buyer's right to specific performance or replevin
§ 4-2-717. Deduction of damages from the price
§ 4-2-718. Liquidation or limitation of damages — Deposits
§ 4-2-719. Contractual modification or limitation of remedy
§ 4-2-720. Effect of “cancellation” or “rescission” on claims for antecedent breach
§ 4-2-722. Who can sue third parties for injury to goods
§ 4-2-723. Proof of market price — Time and place