N.Y. Uniform Commercial Code 2-327 – Special Incidents of Sale on Approval and Sale or Return
Section 2–327. Special Incidents of Sale on Approval and Sale or
Terms Used In N.Y. Uniform Commercial Code 2-327
- Buyer: means a person who buys or contracts to buy goods. See N.Y. Uniform Commercial Code 2-103
- Contract: A legal written agreement that becomes binding when signed.
- Seller: means a person who sells or contracts to sell goods. See N.Y. Uniform Commercial Code 2-103
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Return.
(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.