Legislation
SECTION 533
Prohibitions
General Business (GBS) CHAPTER 20, ARTICLE 29-C
§ 533. Prohibitions. 1. Except as hereinafter provided, no person
shall knowingly distribute or sell, offer to distribute or sell, expose
for distribution or sale, possess with intent to distribute or sell or
otherwise dispose of for a consideration any reactivated tube,
second-hand tube or used tube or tube utilizing used components without
clearly disclosing the true or actual quality or condition of such tube
by means of a stamp, mark, tag, notice or label attached to such tube
and to any carton or container thereof in such manner that it cannot
readily be removed or of such a nature as to remain in place until
removed by the purchaser at retail.
2. No person other than a purchaser at retail for his own use and
consumption shall remove, deface, cover, obliterate, mutilate, alter or
cause to be removed, defaced, covered, obliterated, mutilated or altered
any notice, tag or label from any tube, carton or container therefor,
required under this article.
3. No person performing services or repairs for any consideration
whatsoever on a home type radio or television receiver, phonograph, tape
recorder or any combination thereof, or other home type electronic
device or appliance shall knowingly install therein any reactivated
tube, second-hand tube or used tube or tube utilizing used components,
without disclosing the true or actual quality or condition of such tube
on a written invoice furnished to the customer irrespective of the fact
that such tube or the carton or container therefor contains a notice,
tag or label disclosing such quality or condition.
4. No used tube, second-hand tube, or reactivated tube, or tube
utilizing used components may be knowingly represented, directly or
indirectly, to be a new tube.
5. No reactivated tube, second-hand tube or used tube may be knowingly
represented, directly or indirectly, to be a first quality tube.
6. No person shall reactivate or cause to be reactivated any weak,
worn-out or defective tube for the purpose of deceiving any other
person.
7. No person shall have in his possession any electrical device or
tool or other instrument adapted to or commonly used for reactivating
any weak, worn-out or defective tube under circumstances evincing an
intent to use or employ or allow the same to be used or employed, for
the purpose of deceiving any other person, or knowing that the same are
intended to be so used.
8. No tube which is represented by the retail seller thereof as
guaranteed by the use of such word or words of similar import shall be
knowingly sold to any purchaser at retail for home consumption unless a
writing disclosing the nature, extent and duration of the guarantee, the
identity of the guarantor and the manner in which the guarantor will
perform thereunder is furnished to such purchaser at the time of
purchase. No tube knowingly sold as aforesaid shall be represented as
fully guaranteed or unconditionally guaranteed by the use of such words
or words of similar import unless the written guarantee furnished to the
purchaser at retail for home consumption at the time of purchase is free
from any conditions or limitations whatsoever.
9. No person shall knowingly represent that a tube is being sold at a
reduction or at a savings when the alleged reduction or savings is from
a fictitious price. Without limiting the generality of the foregoing, an
alleged reduction or savings is from a fictitious price.
a. When the alleged reduction or savings of a rejuvenated tube,
second-hand tube or used tube is from the manufacturer's established
list price for his first quality new tubes or
b. When the alleged reduction of a tube utilizing used components is
from the manufacturer's established list price for tubes utilizing only
new components in the manufacture thereof or
c. When the alleged reduction is, in fact, a savings in that it is
from the list price of a manufacturer other than the owner of the brand
name appearing on the tube being sold.
10. No representations shall be made, directly or indirectly,
concerning a tube by reference to a patent license pursuant to which
such tube was manufactured which could mislead any other person into the
belief that such tube is manufactured or sponsored by said patent
licensor, when such is not the fact.
shall knowingly distribute or sell, offer to distribute or sell, expose
for distribution or sale, possess with intent to distribute or sell or
otherwise dispose of for a consideration any reactivated tube,
second-hand tube or used tube or tube utilizing used components without
clearly disclosing the true or actual quality or condition of such tube
by means of a stamp, mark, tag, notice or label attached to such tube
and to any carton or container thereof in such manner that it cannot
readily be removed or of such a nature as to remain in place until
removed by the purchaser at retail.
2. No person other than a purchaser at retail for his own use and
consumption shall remove, deface, cover, obliterate, mutilate, alter or
cause to be removed, defaced, covered, obliterated, mutilated or altered
any notice, tag or label from any tube, carton or container therefor,
required under this article.
3. No person performing services or repairs for any consideration
whatsoever on a home type radio or television receiver, phonograph, tape
recorder or any combination thereof, or other home type electronic
device or appliance shall knowingly install therein any reactivated
tube, second-hand tube or used tube or tube utilizing used components,
without disclosing the true or actual quality or condition of such tube
on a written invoice furnished to the customer irrespective of the fact
that such tube or the carton or container therefor contains a notice,
tag or label disclosing such quality or condition.
4. No used tube, second-hand tube, or reactivated tube, or tube
utilizing used components may be knowingly represented, directly or
indirectly, to be a new tube.
5. No reactivated tube, second-hand tube or used tube may be knowingly
represented, directly or indirectly, to be a first quality tube.
6. No person shall reactivate or cause to be reactivated any weak,
worn-out or defective tube for the purpose of deceiving any other
person.
7. No person shall have in his possession any electrical device or
tool or other instrument adapted to or commonly used for reactivating
any weak, worn-out or defective tube under circumstances evincing an
intent to use or employ or allow the same to be used or employed, for
the purpose of deceiving any other person, or knowing that the same are
intended to be so used.
8. No tube which is represented by the retail seller thereof as
guaranteed by the use of such word or words of similar import shall be
knowingly sold to any purchaser at retail for home consumption unless a
writing disclosing the nature, extent and duration of the guarantee, the
identity of the guarantor and the manner in which the guarantor will
perform thereunder is furnished to such purchaser at the time of
purchase. No tube knowingly sold as aforesaid shall be represented as
fully guaranteed or unconditionally guaranteed by the use of such words
or words of similar import unless the written guarantee furnished to the
purchaser at retail for home consumption at the time of purchase is free
from any conditions or limitations whatsoever.
9. No person shall knowingly represent that a tube is being sold at a
reduction or at a savings when the alleged reduction or savings is from
a fictitious price. Without limiting the generality of the foregoing, an
alleged reduction or savings is from a fictitious price.
a. When the alleged reduction or savings of a rejuvenated tube,
second-hand tube or used tube is from the manufacturer's established
list price for his first quality new tubes or
b. When the alleged reduction of a tube utilizing used components is
from the manufacturer's established list price for tubes utilizing only
new components in the manufacture thereof or
c. When the alleged reduction is, in fact, a savings in that it is
from the list price of a manufacturer other than the owner of the brand
name appearing on the tube being sold.
10. No representations shall be made, directly or indirectly,
concerning a tube by reference to a patent license pursuant to which
such tube was manufactured which could mislead any other person into the
belief that such tube is manufactured or sponsored by said patent
licensor, when such is not the fact.