(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

Terms Used In South Dakota Codified Laws 57A-2-326

  • Buyer: means a person who buys or contracts to buy goods. See South Dakota Codified Laws 57A-2-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See South Dakota Codified Laws 57A-2-106
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Statute: A law passed by a legislature.

(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 (§ 57A-2-201) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence57A-2-202).

Source: SL 1966, ch 150, § 2-326; SDCL, §§ 57-4-64 to 57-4-67; SL 2000, ch 231, § 5.