TITLE 6A

Uniform Commercial Code

CHAPTER 6A-7

Documents of Title

PART 6A-7-301

Bills of Lading: Special Provisions

SECTION 6A-7-308



   § 6A-7-308  Enforcement of carrier's lien.

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(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 sentence.



   (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 chapter.



   (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 subsection 6A-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

willful violation, is liable for conversion.



History of Section.

(P.L. 2006, ch. 112, § 6; P.L. 2006, ch. 135, § 6.)