§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.
[PL 1999, c. 699, Pt. B, §8 (RP); PL 1999, c. 699, Pt. B, §28 (AFF).]
(3).
[PL 1999, c. 699, Pt. B, §8 (RP); PL 1999, c. 699, Pt. B, §28 (AFF).]
(4). 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 2‑201) and as contradicting the sale aspect of the contract within the provisions of this Article on parol or extrinsic evidence (section 2‑202).
SECTION HISTORY
PL 1999, c. 699, §B8 (AMD). PL 1999, c. 699, §B28 (AFF).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Part 3: GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
11 §2-301. General obligations of parties
11 §2-302. Unconscionable contract or clause
11 §2-303. Allocation or division of risks
11 §2-304. Price payable in money, goods, realty or otherwise
11 §2-306. Output, requirements and exclusive dealings
11 §2-307. Delivery in single lot or several lots
11 §2-308. Absence of specified place for delivery
11 §2-309. Absence of specific time provisions; notice of termination
11 §2-310. Open time for payment or running of credit; authority to ship under reservation
11 §2-311. Options and cooperation respecting performance
11 §2-312. Warranty of title and against infringement; buyer's obligation against infringement
11 §2-313. Express warranties by affirmation, promise, description, sample
11 §2-314. Implied warranty: merchantability; usage of trade
11 §2-315. Implied warranty: fitness for particular purpose
11 §2-316. Exclusion or modification of warranties
11 §2-317. Cumulation and conflict of warranties express or implied
11 §2-319. F.O.B. and F.A.S. terms
11 §2-320. C.I.F. and C.& F. terms
11 §2-323. Forms of bill of lading required in overseas shipment; "overseas"
11 §2-324. "No arrival, no sale" term
11 §2-325. "Letter of credit" term; "confirmed credit"
11 §2-326. Sale on approval and sale or return; rights of creditors
11 §2-327. Special incidents of sale on approval and sale or return