IC 24-4-12-4: "New and unused property" defined

Sec. 4. As used in this chapter, "new and unused property" means tangible personal property that:

(1) was acquired by an unused property merchant directly from the producer, manufacturer, wholesaler, or retailer in the ordinary course of business; and

(2) has not been used since its production or manufacture or that is in its original and unopened package or container, if the personal property was packaged when originally produced or manufactured.