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Section 4-2-326 - Sale on approval and sale or return - Rights of creditors — Arkansas Law | CourtGPT
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  3. Arkansas/
  4. Title 4 - Business and Commercial Law (§§ 4-1-101 — 4-119-105)/
  5. Subtitle 1 - Uniform Commercial Code/
  6. Chapter 2 - Sales/
  7. Part 3 - General Obligation and Construction of Contract/
  8. Section 4-2-326 - Sale on approval and sale or return - Rights of creditors
Arkansas Legal Code

Section 4-2-326 - Sale on approval and sale or return - Rights of creditors

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(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 chapter (§ 4-2-201) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence (§ 4-2-202).Acts 1961, No. 185, § 2-326; 1983, No. 820, § 7; A.S.A. 1947, § 85-2-326; Acts 1997, No. 395, § 1; 2001, No. 1439, § 6.