In the purchase of unseen goods or goods that cannot be classified according to a fixed quality known to commerce, it shall be understood that the purchaser reserves the privilege of examining such goods and of freely rescinding the contract if the goods do not suit him.
The purchaser shall also have the right to rescind the contract if by express agreement he reserves to himself the right to test the goods contracted for.
The purchaser shall make his decision within the term agreed upon, or, if there is no agreement, in such reasonable term as the seller may determine by requisition on the buyer, after the latter has had an opportunity to examine or test the goods, as the case may be.
Disposal of all or of part of the goods by the purchaser as the owner thereof, shall be equivalent to his tacit and irrevocable acceptance thereof and to the consummation of the contract.
History —Commerce Code, 1932, § 246.