(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).
History
1964, c. 219; 2000, c. 1007.
