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§ 2326. Sale on approval and sale or return; rights of creditors

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 13 Pa.C.S.A. Commercial CodeEffective: July 1, 2001

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 13 Pa.C.S.A. Commercial Code (Refs & Annos)
Division 2. Sales (Refs & Annos)
Chapter 23. General Obligation and Construction of Contract
Effective: July 1, 2001
13 Pa.C.S.A. § 2326
§ 2326. Sale on approval and sale or return; rights of creditors
Currentness
(a) Definitions.--Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is:
(1) a “sale on approval” if the goods are delivered primarily for use; and
(2) a “sale or return” if the goods are delivered primarily for resale.
(b) Rights of creditors of buyer generally.--Goods held on approval are not subject to the claims of the creditors of the buyer until acceptance; goods held on sale or return are subject to such claims while in the possession of the buyer.
(c) Treatment of “or return” term.--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 division (section 2201) and as contradicting the sale aspect of the contract within the provisions of this division on parol or extrinsic evidence (section 2202).

Credits

1979, Nov. 1, P.L. 255, No. 86, § 1, effective Jan. 1, 1980. Amended 2001, June 8, P.L. 123, No. 18, § 9, effective July 1, 2001.
13 Pa.C.S.A. § 2326, PA ST 13 Pa.C.S.A. § 2326
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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