Sec. 2A.512. LESSEE'S DUTIES AS TO RIGHTFULLY REJECTED GOODS. (a) Except as otherwise provided with respect to goods that threaten to decline in value speedily (Section 2A.511) and subject to any security interest of a lessee (Section 2A.508(e)):
(1) the lessee, after rejection of goods in the lessee's possession, shall hold them with reasonable care at the lessor's or the supplier's disposition for a reasonable time after the lessee's seasonable notification of rejection;
(2) if the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor's or the supplier's account or ship them to the lessor or the supplier or dispose of them for the lessor's or the supplier's account with reimbursement in the manner provided by Subsection (d); but
(3) the lessee has no further obligations with regard to goods rightfully rejected.
(b) Action by the lessee pursuant to Subsection (a) is not acceptance or conversion.
(c) If a merchant lessee (Section 2A.511) or any other lessee disposes of goods, the lessee is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to such commission as is usual in the trade, or if there is none, to a reasonable sum not exceeding 10 percent of the gross proceeds.
(d) In complying with this section or Section 2A.511, the lessee is held only to good faith. Good faith conduct hereunder is neither acceptance or conversion nor the basis of an action for damages.
(e) A purchaser who purchases in good faith from a lessee pursuant to this section or Section 2A.511 takes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one or more of the requirements of this chapter.
Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Section 2A.501. Default: Procedure
Section 2A.502. Notice After Default
Section 2A.503. Modification or Impairment of Rights and Remedies
Section 2A.504. Liquidation of Damages
Section 2A.506. Statute of Limitations
Section 2A.507. Proof of Market Rent
Section 2A.508. Lessee's Remedies
Section 2A.509. Lessee's Rights on Improper Delivery; Rightful Rejection
Section 2A.510. Installment Lease Contracts: Rejection and Default
Section 2A.511. Merchant Lessee's Duties as to Rightfully Rejected Goods
Section 2A.512. Lessee's Duties as to Rightfully Rejected Goods
Section 2A.513. Cure by Lessor of Improper Tender or Delivery; Replacement
Section 2A.514. Waiver of Lessee's Objections
Section 2A.515. Acceptance of Goods
Section 2A.517. Revocation of Acceptance of Goods
Section 2A.518. Cover; Substitute Goods
Section 2A.520. Lessee's Incidental and Consequential Damages
Section 2A.521. Lessee's Right to Specific Performance, Replevin, and Other Remedies
Section 2A.522. Lessee's Right to Goods on Lessor's Insolvency
Section 2A.523. Lessor's Remedies
Section 2A.524. Lessor's Right to Identify Goods to Lease Contract
Section 2A.525. Lessor's Right to Possession of Goods
Section 2A.526. Lessor's Stoppage of Delivery in Transit or Otherwise
Section 2A.527. Lessor's Rights to Dispose of Goods
Section 2A.528. Lessor's Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default
Section 2A.529. Lessor's Action for the Rent
Section 2A.530. Lessor's Incidental Damages
Section 2A.531. Standing to Sue Third Parties for Injury to Goods