§ 392 — Second-hand watches

New York § 392

• Jurisdiction: New York
• Law GBS: General Business
• Art. 26: Miscellaneous

Text

§ 392. Second-hand watches. 1. Definitions. As used in this section:\n A. "Person" shall be deemed to mean a person, firm, partnership,\nassociation or corporation.\n B. "Consumer" shall be deemed to mean an individual, firm,\npartnership, association or corporation who buys for own use, or for the\nuse of another but not for resale.\n C. A "second-hand" watch shall be deemed to mean: A watch which, as a\nwhole, the case thereof, or the movement thereof has been sold to a\nconsumer; provided, however, that a watch which has been so sold and is\nthereafter returned, either through an exchange or for credit, to the\nsame person who sold such watch to the consumer, shall not be deemed to\nbe a second-hand watch for the purpose of this act if such person keeps\na written or printed record setting forth the name and address of the\nconsumer, the date of the sale to the consumer, the name of the watch or\nits maker, and the serial numbers, if any, on the case and the movement\nof the watch, or other distinguishing numbers or identification marks,\nthe aforesaid record to be kept for at least three years from the date\nof the sale of the watch and to be open for inspection during all\nbusiness hours by the district attorney, or his representative, of the\ncounty in which such person is engaged in business; or\n Any watch whose case or movement, serial numbers or other\ndistinguishing numbers or identification marks have been erased,\ndefaced, removed, altered or covered; or\n Any watch, the movement of which is more than five years old and has\nbeen repaired, or any part or parts of the watch, including the\nmovement, have been replaced, whether in the vendor's hands or while in\nthe possession of another; and this provision shall apply whether or not\nthe watch has been returned, either through an exchange or for credit to\nthe same person who sold or disposed of said watch to the consumer in\nany manner.\n 2. Any person, or agent or employee thereof, who sells a second-hand\nwatch, shall affix and keep affixed to the same a tag with the words\n"second-hand" legibly written or printed thereon in the English\nlanguage. For the purposes of this subdivision, "sell" shall be deemed\nto include offer to sell or exchange, expose for sale or exchange,\npossess with intent to sell or exchange, and sell or exchange.\n 3. Any person, or agent or employee thereof, who sells a second-hand\nwatch shall deliver to the vendee a written invoice setting forth the\nname and address of the vendor, the name and address of the vendee, the\ndate of the sale, the name of the watch or its maker, and the serial\nnumbers, if any or other distinguishing numbers or identification marks\non its case and movement. In the event the serial numbers, or other\ndistinguishing numbers or identification marks have been erased,\ndefaced, removed, altered or covered, this shall be set forth in the\ninvoice. A duplicate of the aforesaid invoice shall be kept on file by\nthe vendor of such second-hand watch for at least three years from the\ndate of the sale thereof and shall be open to inspection during all\nbusiness hours by the district attorney or his representative of the\ncounty in which the vendor is engaged in business.\n 4. Any person advertising in any manner second-hand watches for sale\nshall state clearly in such advertising that the watches so advertised\nare second-hand watches.\n 5. Any violation of this act shall constitute a misdemeanor and shall\nbe punishable by a fine of not more than five hundred dollars, or not\nmore than one hundred days in jail or both.\n