§ 4-2-327 — Special incidents of sale on approval and sale or return

Colorado § 4-2-327

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Sales

Text

(1) Under
a sale on approval, unless otherwise agreed:

(a) Although the goods are identified to the contract, the risk of loss and the
title do not pass to the buyer until acceptance; and

(b) 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

(c) 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.

(2) Under a sale or return, unless otherwise agreed:

(a) 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

(b) The return is at the buyer's risk and expense.

Legislative History

Source: L. 65: p. 1317, � 1. C.R.S. 1963: � 155-2-327.