N.Y. Personal Property Law § 426: Definitions

§ 426. Definitions. In this article:

1. "Door-to-door sale" shall mean a sale, lease or rental of consumer

goods or services in which the seller or his representative personally

solicits the sale, including those in response to or following an

invitation by the buyer, and the buyer's agreement or offer to purchase

is made at a place other than the place of business of the seller. The

term "door-to-door sale" does not include a transaction:

(a) made pursuant to prior negotiations in the course of a visit by

the buyer to a retail business establishment having a fixed permanent

location where the goods are exhibited or the services are offered for

sale on a continuing basis; or

(b) in which the buyer has initiated the contact and the goods or

services are needed to meet a bona fide immediate personal emergency of

the buyer, and the buyer furnishes the seller with a separate dated and

signed personal statement in the buyer's handwriting describing the

situation requiring immediate remedy and expressly acknowledging and

waiving the right to cancel the sale within three business days; or

(c) conducted and consummated entirely by mail or telephone; and

without any other contact between the buyer and the seller or its

representative, other than at the place of business of the seller, prior

to delivery of the goods or performance of the services; or

(d) in which the buyer has initiated the contact and specifically

requested the seller to visit his home for the purpose of repairing or

performing maintenance upon the buyer's personal property. If in the

course of such a visit, the seller sells the buyer the right to receive

additional services or goods other than replacement parts necessarily

used in performing the maintenance or in making the repairs, the sale of

those additional goods or services would not fall within this exclusion;

or

(e) pertaining to the sale or rental of real property, to the sale of

insurance or to the sale of securities or commodities by a broker-dealer

registered with the securities and exchange commission; or

(f) where the purchase price whether under single or multiple

contracts, does not exceed twenty-five dollars and the products, goods,

or merchandise purchased is capable of delivery at one time.

2. "Consumer goods or services" shall mean goods or services

purchased, leased, or rented primarily for personal, family or household

purposes, including courses of instruction or training regardless of the

purpose for which they are taken.

3. "Seller" shall mean any person, partnership, corporation or

association engaged in the the door-to-door sale of consumer goods or

services.

4. "Place of business" shall mean the main or permanent branch office

or local address of the seller.

5. "Purchase price" shall mean the total price paid or to be paid for

the consumer goods or services, including all interest and service

charges.

6. "Business day" shall mean any calendar day except Sunday, or the

following business holidays: New Year's Day, Washington's Birthday,

Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,

Thanksgiving Day, and Christmas Day.

7. (a) "Personal emergency response service" shall mean (i) the

provision and maintenance of electronic communication equipment in the

home of an individual which signals a monitoring agency for help when

activated by the individual, or after a period of time if a timer

mechanism has not been reset; (ii) the continuous monitoring of such

signals by a trained operator and, in case of receipt of such signal,

the immediate notification of such emergency response organizations or

persons, if necessary, as the individual has previously specified.

(b) With respect to a "personal emergency response service" as defined

in paragraph (a) of this subdivision, the provisions of this article

shall apply to the purchase by a consumer of provision for such service,

whether or not such purchase is made in a "door-to-door sale" as defined

in subdivision one of this section, except where applying any of the

provisions of this article conflicts with any provision of section three

hundred ninety-one-l of the general business law, in which case the

provisions of section three hundred ninety-one-l of the general business

law shall prevail. For this purpose, the transactional exclusions from

the definition of "door-to-door sale" contained in paragraphs (a)

through (f) of subdivision one of this section shall not apply to the

sale or purchase of a personal emergency response service as defined

herein, and the term "door-to-door sale" wherever used in this article

shall be deemed to also mean any sale, lease or rental of a personal

emergency response service to or by a consumer.