(a) A carrier's lien on goods may be enforced by public or private sale of the goods,
in bulk or in packages, at any time or place and on any terms that are commercially
reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed
sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time
or in a method different from that selected by the carrier is not of itself sufficient
to establish that the sale was not made in a commercially reasonable manner. The carrier sells goods in a commercially reasonable manner if the carrier sells the
goods in the usual manner in any recognized market therefor, sells at the price current
in that market at the time of the sale, or otherwise sells in conformity with commercially
reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction
of the obligation is not commercially reasonable, except in cases covered by the preceding
(b) Before any sale pursuant to this section, any person claiming a right in the goods
may pay the amount necessary to satisfy the lien and the reasonable expenses incurred
in complying with this section. In that event, the goods may not be sold but must be retained by the carrier, subject
to the terms of the bill of lading and this article.
(c) A carrier may buy at any public sale pursuant to this section.
(d) A purchaser in good faith of goods sold to enforce a carrier's lien takes the
goods free of any rights of persons against which the lien was valid, despite the
carrier's noncompliance with this section.
(e) A carrier may satisfy its lien from the proceeds of any sale pursuant to this
section but shall hold the balance, if any, for delivery on demand to any person to
which the carrier would have been bound to deliver the goods.
(f) The rights provided by this section are in addition to all other rights allowed
by law to a creditor against a debtor.
(g) A carrier's lien may be enforced pursuant to either subsection (a) or the procedure
set forth in section 490:7-210(b).
(h) A carrier is liable for damages caused by failure to comply with the requirements
for sale under this section and, in case of wilful violation, is liable for conversion.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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