US Lawyer Database

§ 8.2-326. Sale on approval and sale or return; 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 […]

§ 8.2-327. 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; and (b) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller […]

§ 8.2-328. Sale by auction

(1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (2) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling […]

§ 8.2-322. Delivery “ex-ship.”

(1) Unless otherwise agreed a term for delivery of goods “ex-ship” (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are are usually discharged. (2) […]

§ 8.2-324. “No arrival, no sale” term

Under a term “no arrival, no sale” or terms of like meaning, unless otherwise agreed, (a) the seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused the non-arrival; and (b) where […]

§ 8.2-325. “Letter of credit” term; “confirmed credit.”

(1) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale. (2) The delivery to seller of a proper letter of credit suspends the buyer’s obligation to pay. If the letter of credit is dishonored, the seller may on seasonable notification to the buyer require […]

§ 8.2-317. Cumulation and conflict of warranties express or implied

Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply: (a) Exact or technical specifications displace an inconsistent sample or model or general language […]

§ 8.2-317.1. Use of warranty registration cards

A. As used in this section, “warranty registration card” means a card or similar device that is provided to the purchaser of personal, family, or household goods with a statement that the purchaser’s return of the warranty registration card shortly after purchase of the goods is a condition precedent to warranty coverage and performance. B. […]