§ 23-24.2-8 - Guaranty.
SECTION 23-24.2-8
§ 23-24.2-8 Guaranty. – (a) No person shall be subject to prosecution under § 23-24.2-7 for aviolation of § 23-24.2-3 if that person:
(i) Establishes a guaranty received in good faith, signed byand containing the name and address of the person by whom the product, fabric,or related material guaranteed was manufactured or from whom it was received,to the effect that reasonable and representative tests made in accordance withstandards issued or amended under the provisions of § 23-24.2-4 show thatthe fabric or related material covered by the guaranty, or used in the productcovered by the guaranty, conforms with applicable flammability standards issuedor amended under the provisions of § 23-24.2-4; and
(ii) Has not, by further processing, affected theflammability of the fabric, related material, or product covered by theguaranty which he or she received.
(2) The guaranty shall be either:
(i) A separate guaranty specifically designating the product,fabric, or related material guaranteed, in which case it may be on the invoiceor other paper relating to that product, fabric, or related material;
(ii) A continuing guaranty given by the seller to the buyerapplicable to any product, fabric, or related material sold or to be sold tothe buyer by the seller in a form as the consumer protection unit of thedepartment of attorney general by rules and regulations may prescribe; or
(iii) A continuing guaranty filed with the consumerprotection unit of the department of attorney general applicable to anyproduct, fabric, or related material handled by a guarantor, in any form as theconsumer protection unit of the department of attorney general by rules orregulations may prescribe.
(b) It shall be unlawful for any person to furnish, withrespect to any product, fabric, or related material, a false guaranty (except aperson relying upon a guaranty to the same effect received in good faith signedby and containing the name and address of the person by whom the product,fabric or related material guaranteed was manufactured or from whom it wasreceived) with reason to believe the product, fabric, or related materialfalsely guaranteed may be introduced, sold, or transported in commerce, and anyperson who violates the provisions of this subsection is guilty of an unfairmethod of competition and an unfair or deceptive act or practice in commercewithin the meaning of the Deceptive Trade Practices Act, chapter 13.1 of title6.