12A:2-326. Sale on Approval and Sale or Return; Rights of Creditors.

   (1)   Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is:

   (a)   a "sale on approval" if the goods are delivered primarily for use, and

   (b)   a "sale or return" if the goods are delivered primarily for resale.

   (2)   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.

   (3)   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 (12A:2-201) and as contradicting the sale aspect of the contract within the provisions of this Chapter on parol or extrinsic evidence (12A:2-202).

   L.1961, c.120, s.2-326; amended 2001, c.117, s.7.