§ 2505. Shipment by seller under reservation.
(a) General rule.--Where the seller has identified goods to the contract by or before shipment:
(1) His procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the expectation of the seller of transferring that interest to the person named.
(2) A nonnegotiable bill of lading to himself or his nominee reserves possession of the goods as security, but except in a case of conditional delivery (section 2507(b)) a nonnegotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading.
(b) Shipment in violation of contract.--When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within section 2504 (relating to shipment by seller) but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the powers of the seller as a holder of a negotiable document of title. (Apr. 16, 2008, P.L.57, No.13, eff. 60 days)
2008 Amendment. Act 13 amended subsecs. (a)(2) and (b).
Cross References. Section 2505 is referred to in sections 1201, 2509, 9102, 9109, 9110, 9309 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 2501 - Insurable interest in goods; manner of identification of goods
Section 2502 - Right of buyer to goods on repudiation, failure to deliver or insolvency of seller
Section 2503 - Manner of tender of delivery by seller
Section 2504 - Shipment by seller
Section 2505 - Shipment by seller under reservation
Section 2506 - Rights of financing agency
Section 2507 - Effect of tender by seller; delivery on condition
Section 2508 - Cure by seller of improper tender or delivery; replacement
Section 2509 - Risk of loss in absence of breach
Section 2510 - Effect of breach on risk of loss
Section 2511 - Tender of payment by buyer; payment by check
Section 2512 - Payment by buyer before inspection
Section 2513 - Right of buyer to inspection of goods
Section 2514 - When documents deliverable on acceptance; when on payment