Tex. Bus. & Com. Code Section 2.326
Sale on Approval and Sale or Return; Rights of Creditors

(a)

Unless otherwise agreed, if delivered goods may be returned by the buyer even though 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 within the statute of frauds section of this chapter (Section 2.201 (Formal Requirements; Statute of Frauds)) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence (Section 2.202 (Final Written Expression: Parol or Extrinsic Evidence)).
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. Amended by Acts 1977, 65th Leg., p. 1530, ch. 623, Sec. 4, eff. Aug. 29, 1977; Acts 1999, 76th Leg., ch. 414, Sec. 2.16, eff. July 1, 2001.

Source: Section 2.326 — Sale on Approval and Sale or Return; Rights of Creditors, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­2.­htm#2.­326 (accessed Jun. 5, 2024).

2.101
Short Title 2.102
Scope 2.103
Definitions and Index of Definitions 2.107
Goods to Be Severed from Realty: Recording 2.201
Formal Requirements 2.202
Final Written Expression: Parol or Extrinsic Evidence 2.203
Seals Inoperative 2.204
Formation in General 2.205
Firm Offers 2.206
Offer and Acceptance in Formation of Contract 2.207
Additional Terms in Acceptance or Confirmation 2.209
Modification, Rescission and Waiver 2.210
Delegation of Performance 2.301
General Obligations of Parties 2.302
Unconscionable Contract or Clause 2.303
Allocation or Division of Risks 2.304
Price Payable in Money, Goods, Realty, or Otherwise 2.305
Open Price Term 2.306
Output, Requirements and Exclusive Dealings 2.307
Delivery in Single Lot or Several Lots 2.308
Absence of Specified Place for Delivery 2.309
Absence of Specific Time Provisions 2.310
Open Time for Payment or Running of Credit 2.311
Options and Cooperation Respecting Performance 2.312
Warranty of Title and Against Infringement 2.313
Express Warranties by Affirmation, Promise, Description, Sample 2.314
Implied Warranty: Merchantability 2.315
Implied Warranty: Fitness for Particular Purpose 2.316
Exclusion or Modification of Warranties 2.317
Cumulation and Conflict of Warranties Express or Implied 2.318
Chapter Neutral on Question of Third Party Beneficiaries of Warranties of Quality and on Need for Privity of Contract 2.326
Sale on Approval and Sale or Return 2.327
Special Incidents of Sale on Approval and Sale or Return 2.328
Sale by Auction 2.401
Passing of Title 2.402
Rights of Seller’s Creditors Against Sold Goods 2.501
Insurable Interest in Goods 2.502
Buyer’s Right to Goods on Seller’s Repudiation, Failure to Deliver, or Insolvency 2.503
Manner of Seller’s Tender of Delivery 2.504
Shipment by Seller 2.505
Seller’s Shipment Under Reservation 2.506
Rights of Financing Agency 2.507
Effect of Seller’s Tender 2.508
Cure by Seller of Improper Tender or Delivery 2.509
Risk of Loss in the Absence of Breach 2.510
Effect of Breach on Risk of Loss 2.511
Tender of Payment by Buyer 2.512
Payment by Buyer Before Inspection 2.513
Buyer’s Right to Inspection of Goods 2.514
When Documents Deliverable on Acceptance 2.515
Preserving Evidence of Goods in Dispute 2.601
Buyer’s Rights on Improper Delivery 2.602
Manner and Effect of Rightful Rejection 2.603
Merchant Buyer’s Duties as to Rightfully Rejected Goods 2.604
Buyer’s Options as to Salvage of Rightfully Rejected Goods 2.605
Waiver of Buyer’s Objections by Failure to Particularize 2.606
What Constitutes Acceptance of Goods 2.607
Effect of Acceptance 2.608
Revocation of Acceptance in Whole or in Part 2.609
Right to Adequate Assurance of Performance 2.610
Anticipatory Repudiation 2.611
Retraction of Anticipatory Repudiation 2.613
Casualty to Identified Goods 2.614
Substituted Performance 2.615
Excuse by Failure of Presupposed Conditions 2.616
Procedure on Notice Claiming Excuse 2.701
Remedies for Breach of Collateral Contracts Not Impaired 2.702
Seller’s Remedies on Discovery of Buyer’s Insolvency 2.703
Seller’s Remedies in General 2.704
Seller’s Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods 2.705
Seller’s Stoppage of Delivery in Transit or Otherwise 2.706
Seller’s Resale Including Contract for Resale 2.708
Seller’s Damages for Non-acceptance or Repudiation 2.709
Action for the Price 2.710
Seller’s Incidental Damages 2.711
Buyer’s Remedies in General 2.713
Buyer’s Damages for Non-delivery or Repudiation 2.714
Buyer’s Damages for Breach in Regard to Accepted Goods 2.715
Buyer’s Incidental and Consequential Damages 2.716
Buyer’s Right to Specific Performance or Replevin 2.717
Deduction of Damages from the Price 2.718
Liquidation or Limitation of Damages 2.719
Contractual Modification or Limitation of Remedy 2.721
Remedies for Fraud 2.722
Who Can Sue Third Parties for Injury to Goods 2.723
Proof of Market Price: Time and Place 2.724
Admissibility of Market Quotations 2.725
Statute of Limitations in Contracts for Sale
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Accessed:
Jun. 5, 2024

§ 2.326’s source at texas​.gov