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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
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.
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.
b. The return is at the buyer's risk and expense.
Cite this article: FindLaw.com - North Dakota Century Code Title 41. Uniform Commercial Code § 41-02-44. (2-327) Special incidents of sale on approval and sale or return - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-41-uniform-commercial-code/nd-cent-code-sect-41-02-44/
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 or via Westlaw before relying on it for your legal needs.
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