Source: L. 65: p. 1317, § 1. C.R.S. 1963: § 155-2-326. L. 82: (5) added, p. 231, § 2, effective March 25. L. 2001: Entire section amended, p. 1436, § 20, effective July 1. L. 2017: (4) amended, (HB 17-1241), ch. 163, p. 605, § 5, effective August 9.
Editor's note - Colorado legislative change: There is no counterpart to subsection (5) in the uniform act. Subsection (5) was renumbered as subsection (4) in 2001.
Prior Uniform Statutory Provision: Section 19(3), Uniform Sales Act.
Changes: Completely rewritten in this and the succeeding section.
Purposes of Changes: To make it clear that:
The right to return the goods for failure to conform to the contract does not make the transaction a "sale on approval" or "sale or return" and has nothing to do with this and the following section. The present section is not concerned with remedies for breach of contract. It deals instead with a power given by the contract to turn back the goods even though they are wholly as warranted.
This section nevertheless presupposes that a contract for sale is contemplated by the parties although that contract may be of the peculiar character here described.
Where the buyer's obligation as a buyer is conditioned not on his personal approval but on the article's passing a described objective test, the risk of loss by casualty pending the test is properly the seller's and proper return is at his expense. On the point of "satisfaction" as meaning "reasonable satisfaction" where an industrial machine is involved, this Article takes no position.
Cross References:
Point 2: Article 9.
Point 3: Sections 4-2-201 and 4-2-202.
Definitional Cross References:
"Between merchants". Section 4-2-104.
"Buyer". Section 4-2-103.
"Conform". Section 4-2-106.
"Contract for sale". Section 4-2-106.
"Creditor". Section 4-1-201.
"Goods". Section 4-2-105.
"Sale". Section 4-2-106.
"Seller". Section 4-2-103.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-301. General Obligations of Parties
§ 4-2-302. Unconscionable Contract or Clause
§ 4-2-303. Allocation or Division of Risks
§ 4-2-304. Price Payable in Money, Goods, Realty, or Otherwise
§ 4-2-306. Output, Requirements, and Exclusive Dealings
§ 4-2-307. Delivery in Single Lot or Several Lots
§ 4-2-308. Absence of Specified Place for Delivery
§ 4-2-309. Absence of Specific Time Provisions - Notice of Termination
§ 4-2-310. Open Time for Payment or Running of Credit - Authority to Ship Under Reservation
§ 4-2-311. Options and Cooperation Respecting Performance
§ 4-2-312. Warranty of Title and Against Infringement - Buyer's Obligation Against Infringement
§ 4-2-313. Express Warranties by Affirmation, Promise, Description, Sample
§ 4-2-314. Implied Warranty - Merchantability - Usage of Trade
§ 4-2-315. Implied Warranty - Fitness for Particular Purpose
§ 4-2-316. Exclusion or Modification of Warranties
§ 4-2-317. Cumulation and Conflict of Warranties Express or Implied
§ 4-2-318. Third Party Beneficiaries of Warranties Express or Implied
§ 4-2-319. f.o.b. and f.a.s. Terms
§ 4-2-320. c.i.f. and C. & F. Terms
§ 4-2-323. Form of Bill of Lading Required in Overseas Shipment - "Overseas"
§ 4-2-324. "No Arrival, No Sale" Term
§ 4-2-325. "Letter of Credit" - "Confirmed Credit"
§ 4-2-326. Sale on Approval and Sale or Return - Rights of Creditors
§ 4-2-327. Special Incidents of Sale on Approval and Sale or Return