Printable Format84-2-604. Buyer's options as to salvage of rightfully rejected goods. Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller's account or reship them to him or resell them for the seller's account with reimbursement as provided in the preceding section. Such action is not acceptance or conversion.
History: L. 1965, ch. 564, § 84; January 1, 1966.
KANSAS COMMENT, 1996
This section supplements the previous two sections and provides both merchant and non-merchant buyers with various options in the event the seller does not give instructions within a reasonable time after rejection. Buyers may store the rejected goods, reship the goods to the seller, or resell the goods for the seller's account and be reimbursed for expenses under 84-2-603(2). The Official Comment indicates that this list is "not exhaustive but merely illustrative." This section does not impose any duties on buyers to act; it merely gives buyers options and prevents their actions from being treated as acceptance or conversion of the goods. This section does not, however, override the merchant buyer's duty to resell perishable goods under 84-2-603(1).
Law Review and Bar Journal References:
This section frees any action taken under K.S.A. 84-2-606 (1) (c) from claims of acceptance or conversion of the goods, Keith Hey, 7 W.L.J. 35, 36 (1967).
"The Buyer's Right to Return Unsatisfactory Goods—The Uniform Commercial Code Remedies of Rejection and Revocation of Acceptance," George I. Wallach, 20 W.L.J. 20, 28, 30 (1980).
CASE ANNOTATIONS
1. Cited; measure of damages discussed for buyer's use of vehicle after revocation of acceptance. Johnson v. General Motors Corp., 233 Kan. 1044, 1048, 668 P.2d 139 (1983).