§ 426 — Definitions

New York § 426

• Jurisdiction: New York
• Law PEP: Personal Property
• Art. 10-A: Door-to-door Sales Protection Act

Text

§ 426. Definitions. In this article:\n 1. "Door-to-door sale" shall mean a sale, lease or rental of consumer\ngoods or services in which the seller or his representative personally\nsolicits the sale, including those in response to or following an\ninvitation by the buyer, and the buyer's agreement or offer to purchase\nis made at a place other than the place of business of the seller. The\nterm "door-to-door sale" does not include a transaction:\n (a) made pursuant to prior negotiations in the course of a visit by\nthe buyer to a retail business establishment having a fixed permanent\nlocation where the goods are exhibited or the services are offered for\nsale on a continuing basis; or\n (b) in which the buyer has initiated the contact and the goods or\nservices are needed to meet a bona fide immediate personal emergency of\nthe buyer, and the buyer furnishes the seller with a separate dated and\nsigned personal statement in the buyer's handwriting describing the\nsituation requiring immediate remedy and expressly acknowledging and\nwaiving the right to cancel the sale within three business days; or\n (c) conducted and consummated entirely by mail or telephone; and\nwithout any other contact between the buyer and the seller or its\nrepresentative, other than at the place of business of the seller, prior\nto delivery of the goods or performance of the services; or\n (d) in which the buyer has initiated the contact and specifically\nrequested the seller to visit his home for the purpose of repairing or\nperforming maintenance upon the buyer's personal property. If in the\ncourse of such a visit, the seller sells the buyer the right to receive\nadditional services or goods other than replacement parts necessarily\nused in performing the maintenance or in making the repairs, the sale of\nthose additional goods or services would not fall within this exclusion;\nor\n (e) pertaining to the sale or rental of real property, to the sale of\ninsurance or to the sale of securities or commodities by a broker-dealer\nregistered with the securities and exchange commission; or\n (f) where the purchase price whether under single or multiple\ncontracts, does not exceed twenty-five dollars and the products, goods,\nor merchandise purchased is capable of delivery at one time.\n 2. "Consumer goods or services" shall mean goods or services\npurchased, leased, or rented primarily for personal, family or household\npurposes, including courses of instruction or training regardless of the\npurpose for which they are taken.\n 3. "Seller" shall mean any person, partnership, corporation or\nassociation engaged in the the door-to-door sale of consumer goods or\nservices.\n 4. "Place of business" shall mean the main or permanent branch office\nor local address of the seller.\n 5. "Purchase price" shall mean the total price paid or to be paid for\nthe consumer goods or services, including all interest and service\ncharges.\n 6. "Business day" shall mean any calendar day except Sunday, or the\nfollowing business holidays: New Year's Day, Washington's Birthday,\nMemorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,\nThanksgiving Day, and Christmas Day.\n 7. (a) "Personal emergency response service" shall mean (i) the\nprovision and maintenance of electronic communication equipment in the\nhome of an individual which signals a monitoring agency for help when\nactivated by the individual, or after a period of time if a timer\nmechanism has not been reset; (ii) the continuous monitoring of such\nsignals by a trained operator and, in case of receipt of such signal,\nthe immediate notification of such emergency response organizations or\npersons, if necessary, as the individual has previously specified.\n (b) With respect to a "personal emergency response service" as defined\nin paragraph (a) of this subdivision, the provisions of this article\nshall apply to the purchase by a consumer of provision for such service,\nwhether or not such purchase is made in a "door-to-door sale" as defined\nin subdivision one of this section, except where applying any of the\nprovisions of this article conflicts with any provision of section three\nhundred ninety-one-l of the general business law, in which case the\nprovisions of section three hundred ninety-one-l of the general business\nlaw shall prevail. For this purpose, the transactional exclusions from\nthe definition of "door-to-door sale" contained in paragraphs (a)\nthrough (f) of subdivision one of this section shall not apply to the\nsale or purchase of a personal emergency response service as defined\nherein, and the term "door-to-door sale" wherever used in this article\nshall be deemed to also mean any sale, lease or rental of a personal\nemergency response service to or by a consumer.\n