47-2326. Sale on approval and sale or return; rights of creditors
A. Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is:
1. A " sale on approval" if the goods are delivered primarily for use, and
2. A " sale or return" if the goods are delivered primarily for resale.
B. Goods held on approval are not subject to the claims of the buyer's creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer's possession.
C. Any " or return" term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this chapter (section 47-2201) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence (section 47-2202).
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