N.Y. General Business Law Section 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.

Source: Section 533 — Prohibitions, https://www.­nysenate.­gov/legislation/laws/GBS/533 (updated Sep. 22, 2014; accessed Jun. 8, 2024).

Accessed:
Jun. 8, 2024

Last modified:
Sep. 22, 2014

§ 533’s source at nysenate​.gov

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