§ 533 — Prohibitions

New York § 533

• Jurisdiction: New York
• Law GBS: General Business
• Art. 29-C: Radio and Television Tubes

Text

§ 533. Prohibitions. 1. Except as hereinafter provided, no person\nshall knowingly distribute or sell, offer to distribute or sell, expose\nfor distribution or sale, possess with intent to distribute or sell or\notherwise dispose of for a consideration any reactivated tube,\nsecond-hand tube or used tube or tube utilizing used components without\nclearly disclosing the true or actual quality or condition of such tube\nby means of a stamp, mark, tag, notice or label attached to such tube\nand to any carton or container thereof in such manner that it cannot\nreadily be removed or of such a nature as to remain in place until\nremoved by the purchaser at retail.\n 2. No person other than a purchaser at retail for his own use and\nconsumption shall remove, deface, cover, obliterate, mutilate, alter or\ncause to be removed, defaced, covered, obliterated, mutilated or altered\nany notice, tag or label from any tube, carton or container therefor,\nrequired under this article.\n 3. No person performing services or repairs for any consideration\nwhatsoever on a home type radio or television receiver, phonograph, tape\nrecorder or any combination thereof, or other home type electronic\ndevice or appliance shall knowingly install therein any reactivated\ntube, second-hand tube or used tube or tube utilizing used components,\nwithout disclosing the true or actual quality or condition of such tube\non a written invoice furnished to the customer irrespective of the fact\nthat such tube or the carton or container therefor contains a notice,\ntag or label disclosing such quality or condition.\n 4. No used tube, second-hand tube, or reactivated tube, or tube\nutilizing used components may be knowingly represented, directly or\nindirectly, to be a new tube.\n 5. No reactivated tube, second-hand tube or used tube may be knowingly\nrepresented, directly or indirectly, to be a first quality tube.\n 6. No person shall reactivate or cause to be reactivated any weak,\nworn-out or defective tube for the purpose of deceiving any other\nperson.\n 7. No person shall have in his possession any electrical device or\ntool or other instrument adapted to or commonly used for reactivating\nany weak, worn-out or defective tube under circumstances evincing an\nintent to use or employ or allow the same to be used or employed, for\nthe purpose of deceiving any other person, or knowing that the same are\nintended to be so used.\n 8. No tube which is represented by the retail seller thereof as\nguaranteed by the use of such word or words of similar import shall be\nknowingly sold to any purchaser at retail for home consumption unless a\nwriting disclosing the nature, extent and duration of the guarantee, the\nidentity of the guarantor and the manner in which the guarantor will\nperform thereunder is furnished to such purchaser at the time of\npurchase. No tube knowingly sold as aforesaid shall be represented as\nfully guaranteed or unconditionally guaranteed by the use of such words\nor words of similar import unless the written guarantee furnished to the\npurchaser at retail for home consumption at the time of purchase is free\nfrom any conditions or limitations whatsoever.\n 9. No person shall knowingly represent that a tube is being sold at a\nreduction or at a savings when the alleged reduction or savings is from\na fictitious price. Without limiting the generality of the foregoing, an\nalleged reduction or savings is from a fictitious price.\n a. When the alleged reduction or savings of a rejuvenated tube,\nsecond-hand tube or used tube is from the manufacturer's established\nlist price for his first quality new tubes or\n b. When the alleged reduction of a tube utilizing used components is\nfrom the manufacturer's established list price for tubes utilizing only\nnew components in the manufacture thereof or\n c. When the alleged reduction is, in fact, a savings in that it is\nfrom the list price of a manufacturer other than the owner of the brand\nname appearing on the tube being sold.\n 10. No representations shall be made, directly or indirectly,\nconcerning a tube by reference to a patent license pursuant to which\nsuch tube was manufactured which could mislead any other person into the\nbelief that such tube is manufactured or sponsored by said patent\nlicensor, when such is not the fact.\n