§ 2702. Remedies of seller on discovery of insolvency of buyer.
(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. (Nov. 26, 1982, P.L.696, No.201, eff. 180 days)
Cross References. Section 2702 is referred to in section 2705 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 2701 - Remedies for breach of collateral contracts not impaired
Section 2702 - Remedies of seller on discovery of insolvency of buyer
Section 2703 - Remedies of seller in general
Section 2705 - Stoppage by seller of delivery in transit or otherwise
Section 2706 - Resale by seller including contract for resale
Section 2707 - "Person in the position of a seller."
Section 2708 - Damages of seller for nonacceptance or repudiation
Section 2709 - Action for the price
Section 2710 - Incidental damages of seller
Section 2711 - Remedies of buyer in general; security interest of buyer in rejected goods
Section 2712 - "Cover"; procurement by buyer of substitute goods
Section 2713 - Damages of buyer for nondelivery or repudiation
Section 2714 - Damages of buyer for breach in regard to accepted goods
Section 2715 - Incidental and consequential damages of buyer
Section 2716 - Right of buyer to specific performance or replevin
Section 2717 - Deduction of damages from price
Section 2718 - Liquidation or limitation of damages; deposits
Section 2719 - Contractual modification or limitation of remedy
Section 2720 - Effect of "cancellation" or "rescission" on claims for antecedent breach
Section 2721 - Remedies for fraud
Section 2722 - Who can sue third parties for injury to goods
Section 2723 - Proof of market price: time and place