Section 533. Prohibitions  


Latest version.
  • 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.