§ 25-2-327. Special incidents of sale on approval and sale or return. - North Carolina Statutes

§25‑2‑327.  Special incidents of sale on approval and sale orreturn.

(1)        Under a sale onapproval unless otherwise agreed

(a)        although the goodsare identified to the contract the risk of loss and the title do not pass tothe buyer until acceptance; and

(b)        use of the goodsconsistent with the purpose of trial is not acceptance but failure seasonablyto notify the seller of election to return the goods is acceptance, and if thegoods conform to the contract acceptance of any part is acceptance of the whole;and

(c)        after duenotification of election to return, the return is at  the seller's risk andexpense but a merchant buyer must follow any reasonable instructions.

(2)        Under a sale orreturn unless otherwise agreed

(a)        the option to returnextends to the whole or any commercial unit of the goods while in substantiallytheir original condition, but must be exercised seasonably; and

(b)        the return is at thebuyer's risk and expense. (1965, c. 700, s. 1.)