(1) Where the seller discovers the buyer to be insolvent he or she may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this Article (Section 2-705).
(2) Where the seller discovers that the buyer has received goods on credit while insolvent he or she 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.
(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 or lien creditor under this Article (Section 2-403). Successful reclamation of goods excludes all other remedies with respect to them.
Structure Delaware Code
§ 2-701. Remedies for breach of collateral contracts not impaired.
§ 2-702. Seller's remedies on discovery of buyer's insolvency.
§ 2-703. Seller's remedies in general.
§ 2-705. Seller's stoppage of delivery in transit or otherwise.
§ 2-706. Seller's resale including contract for resale.
§ 2-707. “Person in the position of a seller.”
§ 2-708. Seller's damages for non-acceptance or repudiation.
§ 2-709. Action for the price.
§ 2-710. Seller's incidental damages.
§ 2-711. Buyer's remedies in general; buyer's security interest in rejected goods.
§ 2-712. “Cover”; buyer's procurement of substitute goods.
§ 2-713. Buyer's damages for non-delivery or repudiation.
§ 2-714. Buyer's damages for breach in regard to accepted goods.
§ 2-715. Buyer's incidental and consequential damages.
§ 2-716. Buyer's right to specific performance or replevin.
§ 2-717. Deduction of damages from the price.
§ 2-718. Liquidation or limitation of damages; deposits.
§ 2-719. Contractual modification or limitation of remedy.
§ 2-720. Effect of “cancellation” or “rescission” on claims for antecedent breach.
§ 2-722. Who can sue third parties for injury to goods.
§ 2-723. Proof of market price; time and place.