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§ 46-2-326 — West Virginia Law | CourtGPT
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  5. Article 2 - Sales§46-2-101. Short Title/
  6. § 46-2-326
West Virginia Legal Code

§ 46-2-326

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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 article (section 2-201) and as contradicting the sale aspect of the contract within the provisions of this article on parol or extrinsic evidence (section 2-202).