In any complaint, information, indictment, writ, or proceeding brought under this chapter that alleges a violation of section 17 of this chapter solely on the failure in an individual case to make physical delivery within the applicable time under section 19(a)(2) of this chapter, it is a defense if both of the following are shown:

1. (1) Failure to make physical delivery was due solely to factors beyond the control of all of the following:

   1. (A) The seller.
   2. (B) Officers, directors, partners, agents, servants, or employees of the seller.
   3. (C) Each person occupying a similar status or performing similar functions as a person described in clause (B).
   4. (D) Each person who directly or indirectly controls or is controlled by the seller or by any person described in clause (B) or (C).
   5. (E) The seller's affiliates, subsidiaries, and successors.
2. (2) Physical delivery was completed within a reasonable time under the applicable circumstances.

As added by P.L.177-1991, SEC.10.