12A:2-326. Sale on approval and sale or return; rights of creditors 12A: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 chapter (12A:2-201) and as contradicting the sale aspect of the contract within the provisions of this Chapter on parol or extrinsic evidence (12A:2-202). L.1961, c.120, s.2-326; amended 2001, c.117, s.7.
New Jersey Legal Code