Legislation
SECTION 2-327
Special Incidents of Sale on Approval and Sale or Return
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 3
Section 2--327. Special Incidents of Sale on Approval and Sale or
Return.
(1) Under a sale on approval unless otherwise agreed
(a) although the goods are identified to the contract the risk of
loss and the title do not pass to the buyer until acceptance;
and
(b) use of the goods consistent with the purpose of trial is not
acceptance but failure seasonably to notify the seller of
election to return the goods is acceptance, and if the goods
conform to the contract acceptance of any part is acceptance
of the whole; and
(c) after due notification of election to return, the return is
at the seller's risk and expense but a merchant buyer must
follow any reasonable instructions.
(2) Under a sale or return unless otherwise agreed
(a) the option to return extends to the whole or any commercial
unit of the goods while in substantially their original
condition, but must be exercised seasonably; and
(b) the return is at the buyer's risk and expense.
Return.
(1) Under a sale on approval unless otherwise agreed
(a) although the goods are identified to the contract the risk of
loss and the title do not pass to the buyer until acceptance;
and
(b) use of the goods consistent with the purpose of trial is not
acceptance but failure seasonably to notify the seller of
election to return the goods is acceptance, and if the goods
conform to the contract acceptance of any part is acceptance
of the whole; and
(c) after due notification of election to return, the return is
at the seller's risk and expense but a merchant buyer must
follow any reasonable instructions.
(2) Under a sale or return unless otherwise agreed
(a) the option to return extends to the whole or any commercial
unit of the goods while in substantially their original
condition, but must be exercised seasonably; and
(b) the return is at the buyer's risk and expense.