(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 ORS 72.2010 relating to the statute of frauds and as contradicting the sale aspect of the contract within the provisions of ORS 72.2020 on parole or extrinsic evidence. [1961 c.726 §72.3260; 1967 c.395 §1; 1993 c.756 §1; 2001 c.445 §134]
Section: Previous 72.3190 72.3200 72.3210 72.3220 72.3230 72.3240 72.3250 72.3260 72.3270 72.3280 72.4005 72.4010 72.4020 72.4030 72.5010 NextLast modified: August 7, 2008