Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is a “sale on approval” if the goods are delivered primarily for use, and a “sale or return” if the goods are delivered primarily for resale. 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. Repealed. 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 article (section 28:2-201) and as contradicting the sale aspect of the contract within the provisions of this article on parol or extrinsic evidence (section 28:2-202).
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