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S.C. Code Ann. § 36-2-602

Manner and effect of rightful rejection

Known as the Uniform Commercial Code

The act spans §§ 36–36 (519 sections).

Applied in 4 court decisions — leading case Plantation Shutter Co., Inc. v. Ezell (1997)

Most recently applied in Hitachi Electronic Devices (USA), Inc. v. Platinum Technologies, Inc. (October 2005)

1962 Code SECTION 10.2-602; 1966 (54) 2716.

How often courts cite this section

197919902000200510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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 36-2-603 and 36-2-604),

(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 chapter (subsection (3) of SECTION 36-2-711), 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 chapter on seller's remedies in general (SECTION 36-2-703).

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.