Okla. Stat. tit. 12A § 2-602

Current through Laws 2024, c. 453.

Section 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 (Section 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 2711), 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).

Okla. Stat. tit. 12A, § 2-602

Laws 1961, p. 92, § 2-602.

Oklahoma Code Comment

(1) Previous Oklahoma law is in accord. Oklahoma has held in many previous cases that an unreasonable delay of the buyer constituted a "waiver" of the defect, and thereby prevented rejection. Wright v. Miller, 109 Okl. 47, 234 P. 366 (1925); Western Silo Co. v. Cousins, 76 Okl. 154, 184 P. 92 (1919); Brown v. Davidson, 42 Okl. 598, 142 P. 387 (1914); Marks v. Stein, 61 Okl. 59, 160 P. 318 (1916). What was a reasonable time depended upon the circumstances. In T. H. Rogers Lumber Co. v. M. W. Judd Lumber Co., 52 Okl. 387, 153 P. 150 (1915) it was held that the buyer acted within a reasonable time when goods were purchased for resale and the defects were not discovered until some time later when his customers attempted to use the goods.

(2) (a) Previous Oklahoma law is apparently in accord. Marks v. Stein, 61 Okl. 59, 160 P. 318 (1916) (exposing goods for sale after knowledge of breach is a "waiver" of defect.)

(b) and(c) There are no previous Oklahoma decisions. Note that a buyer, who has paid part or all of the purchase price, has a lien in the goods to secure the return of the purchase price.' Section 2-711 . See also Section' 2-603 which provides more fully the buyer's duties as to rejected goods.

(3) This is self explanatory.