12.05.030 Seller's Resale

(a) Under the conditions stated in Section 12.05.010 of this Code, the seller may resell the goods or the undelivered balance thereof. When the resale is made in good faith and in a commercially reasonable manner, the seller may recover the difference between the resale price and the contract price with any incidental damages acquired, but less expenses saved in consequence of the buyer's breach.

(b) Unless otherwise agreed, resale may be at a public or private sale. Every aspect of the sale must be commercially reasonable. Where the resale is at a private sale, the seller must give the buyer reasonable notice of his intention to resell.

(c) Where the resale is at public sale it must be made at a usual place or market for public sale if one is reasonably available. Reasonable notice of the time and place of the sale must be given to the buyer unless the goods are perishable or threaten to decline in value rapidly.

(d) A purchaser who buys in good faith at a resale takes the goods free of any rights of the original buyer even though the seller fails to comply with one (1) or more of the requirements or this section.

(e) The seller is not accountable to the buyer for any profit made on the resale.