Montana § 30-2-326 Sale On Approval And Sale Or Return -- Rights Of Creditors

Montana Statutes

§ 30-2-326 — Sale On Approval And Sale Or Return -- Rights Of Creditors

Montana § 30-2-326

Title 30TRADE AND COMMERCE

Ch. 2UNIFORM COMMERCIAL CODE SALES

Part 3General Obligation and Construction of Contract

This text of Montana § 30-2-326 (Sale On Approval And Sale Or Return -- Rights Of Creditors) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 30-2-326 (2026).

Text

30-2-326 . Sale on approval and sale or return -- rights of creditors.

(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 ( 30-2-201 ) and as contradicting the sale aspect of the contract within the provisions of this chapter

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30-2-326 . Sale on approval and sale or return -- rights of creditors. (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 ( 30-2-201 ) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence ( 30-2-202 ).