(2-327) Special incidents of sale on approval and sale or return
N.D. Cent. Code § 41-02-44
in effect41-02-44. (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.
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.
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.
b. The return is at the buyer's risk and expense.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t41c02.pdf#nameddest=41-02-44Fetched: 10/16/2026