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Current as of January 01, 2025 | Updated by Findlaw Staff
Sec. 2326. (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 (section 2201) 1 and as contradicting the sale aspect of the contract within the provisions of this article on parol or extrinsic evidence (section 2202). 2
(4) Whenever a person delivers or causes to be delivered a work of fine art to an art dealer for the purpose of sale, or exhibition and sale, to the public on a commission, the work of fine art is not subject to the claims of the art dealer's creditors. For the purposes of this subsection, the terms “art dealer”, “commission”, and “fine art” have the meanings ascribed to them in section 1 of 1979 PA 90, MCL 442.311.
Cite this article: FindLaw.com - Michigan Compiled Laws, Chapter 440. Uniform Commercial Code § 440.2326 - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapter-440-uniform-commercial-code/mi-comp-laws-440-2326/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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