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Minnesota Legislature

Office of the Revisor of Statutes

336.2-326 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.

(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 336.2-201) and as contradicting the sale aspect of the contract within the provisions of this article on parol or extrinsic evidence (section 336.2-202).

HIST: 1965 c 811 s 336.2-326; 1986 c 444; 2000 c 399 art 2 s 5

* NOTE: The amendment to this section by Laws 2000, chapter *399, article 2, section 5, is effective July 1, 2001. Laws *2000, chapter 399, article 1, section 130.