Ohio § 1302.39 Sale on approval and sale or return - rights of creditors - UCC 2-326

Ohio Statutes

§ 1302.39 — Sale on approval and sale or return - rights of creditors - UCC 2-326

Ohio § 1302.39

Title 13Commercial Transactions

Ch. 1302Sales

This text of Ohio § 1302.39 (Sale on approval and sale or return - rights of creditors - UCC 2-326) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 1302.39 (2026).

Text

(A)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)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 the claims of the buyer's creditor's while in the buyer's possession.

(C)Any "or return" term of a contract for sale is to be treated as a separate contract for sale within section1302.04of the Revised Code and as contradicting the sale aspect of the contract within the provisions of section1302.05of the Revised Code.

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(A) 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) 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 the claims of the buyer's creditor's while in the buyer's possession.

(C) Any "or return" term of a contract for sale is to be treated as a separate contract for sale within section1302.04of the Revised Code and as contradicting the sale aspect of the contract within the provisions of section1302.05of the Revised Code.