Nebraska Uniform Commercial Code 2-602

UCC 2-602

2-602.

Manner and effect of rightful rejection.

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

(2) Subject to the provisions of the two following sections on rejected goods (sections 2-603 and 2-604),

(a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and

(b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this article (subsection (3) of section 2-711), 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; but

(c) the buyer has no further obligations with regard to goods rightfully rejected.

(3) The seller's rights with respect to goods wrongfully rejected are governed by the provisions of this article on seller's remedies in general (section 2-703).

Source

  • Laws 1963, c. 544, Art. II, § 2-602, p. 1745.

Annotations

  • What is a reasonable amount of time to reject goods is a question of fact and is dependent upon the circumstances surrounding the action. Smith v. Paoli Popcorn Co., 255 Neb. 910, 587 N.W.2d 660 (1999).

  • A buyer who elects to exercise his right to revoke acceptance has a duty not to exercise ownership over the goods. Wendt v. Beardmore Suburban Chevrolet, 219 Neb. 775, 366 N.W.2d 424 (1985).

  • Under this section of the Code, rejection of goods must be within a reasonable time after their delivery or tender. The rejection is ineffective unless the buyer seasonably notifies the seller. Fabricators, Inc. v. Farmers Elevator, Inc., 203 Neb. 150, 277 N.W.2d 676 (1979).

  • A buyer's decision to reject property purchased because of its failure to conform to contract must be made with entire good faith, and not captiously or capriciously. Maas v. Scoboda, 188 Neb. 189, 195 N.W.2d 491 (1972).