Arizona Revised Statutes § 47-2702 Seller's Remedies On Discovery Of Buyer's Insolvency

47-2702. Seller's remedies on discovery of buyer's insolvency

A. Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this chapter (section 47-2705).

B. Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten-day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay.

C. The seller's right to reclaim under subsection B is subject to the rights of a buyer in ordinary course or other good faith purchaser or lien creditor under this chapter (section 47-2403). Successful reclamation of goods excludes all other remedies with respect to them.

Section: Previous  47-2611  47-2612  47-2613  47-2614  47-2615  47-2616  47-2701  47-2702  47-2703  47-2704  47-2705  47-2706  47-2707  47-2708  47-2709  Next

Last modified: October 13, 2016