(a) The seller may stop delivery of goods in the possession of a carrier or other bailee when the seller discovers the buyer to be insolvent (AS 45.02.702 ) and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight when the buyer repudiates or fails to make a payment due before delivery or if for any other reason the seller has a right to withhold or reclaim the goods.
(b) As against the buyer, the seller may stop delivery until
(1) receipt of the goods by the buyer;
(2) acknowledgment to the buyer by a bailee of the goods, except a carrier, that the bailee holds the goods for the buyer;
(3) an acknowledgment to the buyer under (1) or (2) of this subsection by a carrier by reshipment or as a warehouse; or
(4) negotiation to the buyer of a negotiable document of title covering the goods.
(c) To stop delivery the seller must so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.
(d) After that notification the bailee must hold and deliver the goods according to the direction of the seller, but the seller is liable to the bailee for any ensuing charges or damages.
(e) If a negotiable document of title has been issued for goods, the bailee is not obliged to obey a notification to stop until surrender of possession or control of the document.
(f) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
Section: Previous 45.02.701 45.02.702 45.02.703 45.02.704 45.02.705 45.02.706 45.02.707 45.02.708 45.02.709 45.02.710 45.02.711 45.02.712 45.02.713 45.02.714 45.02.715 NextLast modified: November 15, 2016