NRS 104.2326

Sale on approval and sale or return; rights of creditors

Known as the Uniform Commercial Code

The act spans §§ 104–104 (489 sections).

Applied in 1 court decision — leading case Home Savings Ass'n v. General Electric Credit Corp. (1985)

Most recently applied in Home Savings Ass'n v. General Electric Credit Corp. (October 1985)

(Added to NRS by 1965, 797; A 1999, 373)

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 Article (NRS 104.2201) and as contradicting the sale aspect of the contract within the provisions of this Article on parol or extrinsic evidence (NRS 104.2202).

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.