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A. Unless otherwise agreed, if delivered goods may be returned by the buyer even if 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 such claims 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 under 27A ONC § 2-201 and as contradicting the sale aspect of the contract under 27A ONC § 2-202. ONCA 13-23, eff. Sept. 24, 2013.