N.Y. General Business Law § 533: Prohibitions

§ 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.