2006 New York Code - Special Incidents Of Sale On Approval And Sale Or Return.



 
  Section  2--327.  Special  Incidents  of  Sale  on  Approval and Sale or
                    Return.
    (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;
             and
         (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; and
         (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; and
         (b) the return is at the buyer's risk and expense.

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