North Carolina General Statutes
Article 2 - Sales.
§ 25-2-603 - Merchant buyer's duties as to rightfully rejected goods.

25-2-603. Merchant buyer's duties as to rightfully rejected goods.
(1) Subject to any security interest in the buyer (subsection (3) of G.S. 25-2-711), 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 his 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), he 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 per cent (10%) 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. (1965, c. 700, s. 1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 25 - Uniform Commercial Code

Article 2 - Sales.

§ 25-2-101 - Short title.

§ 25-2-102 - Scope; certain security and other transactions excluded from this article.

§ 25-2-103 - Definitions and index of definitions.

§ 25-2-104 - Definitions"Merchant"; "between merchants"; "financing agency."

§ 25-2-105 - Definitions"Transferability"; "goods"; "future" goods; "lot"; "commercial unit."

§ 25-2-106 - Definitions"Contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "layaway contract"; "conforming" to contract; "termination"; "cancellation."

§ 25-2-107 - Goods to be severed from realty; recording.

§ 25-2-201 - Formal requirements; statute of frauds.

§ 25-2-202 - Final written expression; parol or extrinsic evidence.

§ 25-2-203 - Seals inoperative.

§ 25-2-204 - Formation in general.

§ 25-2-205 - Firm offers.

§ 25-2-206 - Offer and acceptance in formation of contract.

§ 25-2-207 - Additional terms in acceptance or confirmation.

§ 25-2-209 - Modification, rescission and waiver.

§ 25-2-210 - Delegation of performance; assignment of rights.

§ 25-2-301 - General obligations of parties.

§ 25-2-302 - Unconscionable contract or clause.

§ 25-2-303 - Allocation or division of risks.

§ 25-2-304 - Price payable in money, goods, realty, or otherwise.

§ 25-2-305 - Open price term.

§ 25-2-306 - Output, requirements and exclusive dealings.

§ 25-2-307 - Delivery in single lot or several lots.

§ 25-2-308 - Absence of specified place for delivery.

§ 25-2-309 - Absence of specific time provisions; notice of termination.

§ 25-2-310 - Open time for payment or running of credit; authority to ship under reservation.

§ 25-2-311 - Options and cooperation respecting performance.

§ 25-2-312 - Warranty of title and against infringement; buyer's obligation against infringement.

§ 25-2-313 - Express warranties by affirmation, promise, description, sample.

§ 25-2-314 - Implied warrantyMerchantability; usage of trade.

§ 25-2-315 - Implied warrantyFitness for particular purpose.

§ 25-2-316 - Exclusion or modification of warranties.

§ 25-2-317 - Cumulation and conflict of warranties express or implied.

§ 25-2-318 - Third party beneficiaries of warranties express or implied.

§ 25-2-319 - F.O.Band F.A.Sterms.

§ 25-2-320 - C.I.Fand C& Fterms.

§ 25-2-321 - C.I.For C& F."Net landed weights"; "payment on arrival"; warranty of condition on arrival.

§ 25-2-322 - Delivery "ex-ship."

§ 25-2-323 - Form of bill of lading required in overseas shipment; "overseas."

§ 25-2-324 - "No arrival, no sale" term.

§ 25-2-325 - "Letter of credit" term; "confirmed credit."

§ 25-2-326 - Sale on approval and sale or return; rights of creditors.

§ 25-2-327 - Special incidents of sale on approval and sale or return.

§ 25-2-328 - Sale by auction.

§ 25-2-401 - Passing of title; reservation for security; limited application of this section.

§ 25-2-402 - Rights of seller's creditors against sold goods.

§ 25-2-403 - Power to transfer; good faith purchase of goods; "entrusting."

§ 25-2-501 - Insurable interest in goods; manner of identification of goods.

§ 25-2-502 - Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency.

§ 25-2-503 - Manner of seller's tender of delivery.

§ 25-2-504 - Shipment by seller.

§ 25-2-505 - Seller's shipment under reservation.

§ 25-2-506 - Rights of financing agency.

§ 25-2-507 - Effect of seller's tender; delivery on condition.

§ 25-2-508 - Cure by seller of improper tender or delivery; replacement.

§ 25-2-509 - Risk of loss in the absence of breach.

§ 25-2-510 - Effect of breach on risk of loss.

§ 25-2-511 - Tender of payment by buyer; payment by check.

§ 25-2-512 - Payment by buyer before inspection.

§ 25-2-513 - Buyer's right to inspection of goods.

§ 25-2-514 - When documents deliverable on acceptance; when on payment.

§ 25-2-515 - Preserving evidence of goods in dispute.

§ 25-2-601 - Buyer's rights on improper delivery.

§ 25-2-602 - Manner and effect of rightful rejection.

§ 25-2-603 - Merchant buyer's duties as to rightfully rejected goods.

§ 25-2-604 - Buyer's options as to salvage of rightfully rejected goods.

§ 25-2-605 - Waiver of buyer's objections by failure to particularize.

§ 25-2-606 - What constitutes acceptance of goods.

§ 25-2-607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.

§ 25-2-608 - Revocation of acceptance in whole or in part.

§ 25-2-609 - Right to adequate assurance of performance.

§ 25-2-610 - Anticipatory repudiation.

§ 25-2-611 - Retraction of anticipatory repudiation.

§ 25-2-612 - "Installment contract"; breach.

§ 25-2-613 - Casualty to identified goods.

§ 25-2-614 - Substituted performance.

§ 25-2-615 - Excuse by failure of presupposed conditions.

§ 25-2-616 - Procedure on notice claiming excuse.

§ 25-2-701 - Remedies for breach of collateral contracts not impaired.

§ 25-2-702 - Seller's remedies on discovery of buyer's insolvency.

§ 25-2-703 - Seller's remedies in general.

§ 25-2-704 - Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

§ 25-2-705 - Seller's stoppage of delivery in transit or otherwise.

§ 25-2-706 - Seller's resale including contract for resale.

§ 25-2-707 - "Person in the position of a seller."

§ 25-2-708 - Seller's damages for nonacceptance or repudiation.

§ 25-2-709 - Action for the price.

§ 25-2-710 - Seller's incidental damages.

§ 25-2-711 - Buyer's remedies in general; buyer's security interest in rejected goods.

§ 25-2-712 - "Cover"; buyer's procurement of substitute goods.

§ 25-2-713 - Buyer's damages for nondelivery or repudiation.

§ 25-2-714 - Buyer's damages for breach in regard to accepted goods.

§ 25-2-715 - Buyer's incidental and consequential damages.

§ 25-2-716 - Buyer's right to specific performance or replevin.

§ 25-2-717 - Deduction of damages from the price.

§ 25-2-718 - Liquidation or limitation of damages; deposits.

§ 25-2-719 - Contractual modification or limitation of remedy.

§ 25-2-720 - Effect of "cancellation" or "rescission" on claims for antecedent breach.

§ 25-2-721 - Remedies for fraud.

§ 25-2-722 - Who can sue third parties for injury to goods.

§ 25-2-723 - Proof of market price; time and place.

§ 25-2-724 - Admissibility of market quotations.

§ 25-2-725 - Statute of limitations in contracts for sale.