Foreclosure sales under Article 9 [Maine cite Article 9-A] are another matter.__Section 9-610 [Maine cite section 9-1610] provides that a disposition of collateral under that section includes warranties such as those imposed by this section on a voluntary disposition of property of the kind involved.__ Consequently, unless properly excluded under subsection (2) or under the special provisions for exclusion in Section 9-610 [Maine cite section 9-1610], a disposition under Section 9-610 [Maine cite section 9-1610] of collateral consisting of goods includes the warranties imposed by subsection (1) and, if applicable, subsection (3).

Sec. B-8. 11 MRSA §2-326 is amended to read:

§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) Except as provided in subsection (3), goods 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) Where goods are delivered to a person for sale and such person maintains a place of business at which he deals in goods of the kind involved, under a name other than the name of the person making delivery, then with respect to claims of creditors of the person conducting the business the goods are deemed to be on sale or return. The provisions of this subsection are applicable even though an agreement purports to reserve title to the person making delivery until payment or resale or uses such words as "on consignment" or "on memorandum." However, this subsection is not applicable if the person making delivery