12.04.010 Manner and Effect of Rightful Rejection

(a) Rejection of goods must be within a reasonable time after their delivery or tender. Such rejection is ineffective unless the buyer notifies the seller within a reasonable time.

(b) Subject to (3) and (4), if the buyer has, before rejection, taken physical possession of the goods, he is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them. The buyer has no further obligations with regard to goods rightfully rejected.

(c) If the buyer is a merchant, upon rightful rejection of goods in his possession, he is under a duty to follow any reasonable instructions received from the seller with respect to the goods. In the absence of such instructions the merchant buyer is under a duty to make reasonable efforts to sell the goods for the seller's account if they are perishable or threaten to decline in value rapidly. When the buyer sells goods under this subsection he is entitled to reimbursement for all reasonable expenses accrued. The buyer, in complying with this section is held only to good faith, and good faith conduct hereunder is neither acceptance nor conversion nor the basis of an action for damages.

(d) If the goods are not perishables and thus subject to Subsection (c), and the seller gives no instructions regarding the goods within a reasonable time after notification of rejection, the buyer may store the goods for the seller's account or reship them to the seller or resell them for seller's account with reimbursement according to Subsection (c). Such action is not acceptance or conversion.