57A-2-326. Sale on approval and sale or return--Consignment sales and rights of creditors.
(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) 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) 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 (§57A-2-201) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence (§57A-2-202).
Source: SL 1966, ch 150, §2-326; SDCL, §§57-4-64 to 57-4-67; SL 2000, ch 231, §5.