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Session Laws, 1999
Volume 796, Page 2148   View pdf image
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the contrary, it is a delegation of performance of the duties of the assignor and its
acceptance by the assignee constitutes a promise by him to perform those duties. This
promise is enforceable by either the assignor or the other party to the original
contract.

[(5)] (6) The other party may treat any assignment which delegates
performance as creating reasonable grounds for insecurity and may without prejudice
to his rights against the assignor demand assurances from the assignee (§ 2-609).

2-326.

(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) [Except as provided in subsection (3), goods] 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) Where goods are delivered to a person for sale and such person maintains
a place of business at which he deals in goods of the kind involved, under a name
other than the name of the person making delivery, then with respect to claims of
creditors of the person conducting the business the goods are deemed to be on sale or
return. The provisions of this subsection are applicable even though an agreement
purports to reserve title to the person making delivery until payment or resale or uses
such words as "on consignment" or "on memorandum." However, this subsection is not
applicable if the person making delivery

(a) Complies with an applicable law providing for a consignor's interest
or the like to be evidenced by a sign, or

(b) Establishes that the person conducting the business is generally
known by his creditors to be substantially engaged in selling the goods of others, or

(c) Complies with the filing provisions of the title on secured
transactions (Title 9).]

[(4)] (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 title (§ 2-201)
and as contradicting the sale aspect of the contract within the provisions of this title
on parole or extrinsic evidence (§ 2-202).

2-502.

(1) Subject to [subsection] SUBSECTIONS (2) AND (3) and even though the
goods have not been shipped a buyer who has paid a part or all of the price of goods in
which he has a special property under the provisions of the immediately preceding
section may on making and keeping good a tender of any unpaid portions of their
price recover them from the seller if:

 

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Session Laws, 1999
Volume 796, Page 2148   View pdf image
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