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§ 490-2-326 — Hawaii Law | CourtGPT
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  4. Title 27 - Uniform Commercial Code490. Uniform Commercial Code490:1-101 to 490:1-208 Repealed. §490:1-101 Short Title/
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  6. § 490-2-326
Hawaii Legal Code

§ 490-2-326

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§490:2-326 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 490:2-201) and as contradicting the sale aspect of the contract within the provisions of this article on parol or extrinsic evidence (section 490:2-202). [L 1965, c 208, §2-326; HRS §490:2-326; am L 2000, c 241, §13]