(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 title (§ 8.2-201) and as contradicting the sale aspect of the contract within the provisions of this title on parol or extrinsic evidence (§ 8.2-202).
1964, c. 219; 2000, c. 1007.
Structure Code of Virginia
Title 8.2 - Commercial Code - Sales
§ 8.2-301. General obligations of parties
§ 8.2-302. Unconscionable contract or clause
§ 8.2-303. Allocation or division of risks
§ 8.2-304. Price payable in money, goods, realty, or otherwise
§ 8.2-306. Output, requirements and exclusive dealings
§ 8.2-307. Delivery in single lot or several lots
§ 8.2-308. Absence of specified place for delivery
§ 8.2-309. Absence of specific time provisions; notice of termination
§ 8.2-310. Open time for payment or running of credit; authority to ship under reservation
§ 8.2-311. Options and cooperation respecting performance
§ 8.2-312. Warranty of title and against infringement; buyer's obligation against infringement
§ 8.2-313. Express warranties by affirmation, promise, description, sample
§ 8.2-314. Implied warranty: Merchantability; usage of trade
§ 8.2-315. Implied warranty: Fitness for particular purpose
§ 8.2-316. Exclusion or modification of warranties
§ 8.2-317. Cumulation and conflict of warranties express or implied
§ 8.2-317.1. Use of warranty registration cards
§ 8.2-318. When lack of privity no defense in action against manufacturer or seller of goods
§ 8.2-319. F.O.B. and F.A.S. terms
§ 8.2-320. C.I.F. and C. & F. terms
§ 8.2-322. Delivery "ex-ship."
§ 8.2-323. Form of bill of lading required in overseas shipment; "Overseas."
§ 8.2-324. "No arrival, no sale" term
§ 8.2-325. "Letter of credit" term; "confirmed credit."
§ 8.2-326. Sale on approval and sale or return; rights of creditors
§ 8.2-327. Special incidents of sale on approval and sale or return