Idaho Statutes

§ 28-2-326 — SALE ON APPROVAL AND SALE OR RETURN — RIGHTS OF CREDITORS

Idaho·Title 28 COMMERCIAL TRANSACTIONS·Part 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT·Ch. 2 UNIFORM COMMERCIAL CODE — SALES
(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 chapter (section 28-2-201) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence (section 28-2-202).

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Legislative History

[28-2-326, added 1967, ch. 161, sec. 2-326, p. 351; am. 2001, ch. 208, sec. 7, p. 808.]

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