Court Opinions

State Laws

US Code

US Constitution

Texas Business & Commerce Code - Section 2.327. Special Incidents Of Sale On Approval And Sale Or Return

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 2.327. Special Incidents Of Sale On Approval And Sale Or Return

§ 2.327. SPECIAL INCIDENTS OF SALE ON APPROVAL AND SALE OR 
RETURN.  (a) Under a sale on approval unless otherwise agreed
		(1)  although the goods are identified to the contract 
the risk of loss and the title do not pass to the buyer until 
acceptance;  and
		(2)  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
		(3)  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.
	(b)  Under a sale or return unless otherwise agreed                            
		(1)  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
		(2)  the return is at the buyer's risk and expense.                           

Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967.           

Last modified: August 10, 2007