(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
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).
Structure New York Laws
Part 3 - General Obligation and Construction of Contract
2-301 - General Obligations of Parties.
2-302 - Unconscionable Contract or Clause.
2-303 - Allocation or Division of Risks.
2-304 - Price Payable in Money, Goods, Realty, or Otherwise.
2-306 - Output, Requirements and Exclusive Dealings.
2-307 - Delivery in Single Lot or Several Lots.
2-308 - Absence of Specified Place for Delivery.
2-309 - Absence of Specific Time Provisions; Notice of Termination.
2-310 - Open Time for Payment or Running of Credit; Authority to Ship Under Reservation.
2-311 - Options and Cooperation Respecting Performance.
2-312 - Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement.
2-313 - Express Warranties by Affirmation, Promise, Description, Sample.
2-314 - Implied Warranty: Merchantability; Usage of Trade.
2-315 - Implied Warranty: Fitness for Particular Purpose.
2-316 - Exclusion or Modification of Warranties.
2-317 - Cumulation and Conflict of Warranties Express or Implied.
2-318 - Third Party Beneficiaries of Warranties Express or Implied.
2-319 - F. O. B. and F. A. S. Terms.
2-320 - C. I. F. and C. & F. Terms.
2-323 - Form of Bill of Lading Required in Overseas Shipment; "Overseas".
2-324 - "No Arrival, No Sale" Term.
2-325 - "Letter of Credit" Term; "Confirmed Credit".
2-326 - Sale on Approval and Sale or Return; Rights of Creditors.
2-327 - Special Incidents of Sale on Approval and Sale or Return.