Section 55-2-326 - 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 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 article (Section 55-2-201 NMSA 1978) and as contradicting the sale aspect of the contract within the provisions of this article on parol or extrinsic evidence (Section 55-2-202 NMSA 1978).1953 Comp., § 50A-2-326, enacted by Laws 1961, ch. 96, § 2-326; 1979, ch. 196, § 4; 2001, ch. 139, § 130.