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It is a deceptive practice for the storage warehouse operator to:
(a) fail to provide without cost to the consumer legal liability coverage for loss or damage to the consumer's property caused by negligence, as defined in the UCC § 7-204. This coverage is to be provided at the minimum value of $0.30 per pound per item up to $2,000;
(b) fail to inform a consumer that (s)he may purchase through the storage warehouse operator additional coverage to cover specific items or all of the household goods at additional cost.
It is an unconscionable practice for a storage warehouse operator to refuse a consumer access to his/her stored household goods to retrieve needed medication or documents which are necessary to enable the consumer to apply for social welfare benefits or employment; or to charge a consumer more than the scheduled rate for access, which shall be based upon the hourly warehouse labor charge or rate.
It is an unconscionable practice for a storage warehouse operator to relinquish possession of a consumer's stored goods upon the condition that the consumer sign a general release or any other document of similar import, in which the consumer releases the warehouse operator from legal liability for negligent loss or damage to the household goods stored as a condition for regular delivery by the warehouse operator of the goods in the ordinary course of business. Nothing in this section shall prohibit a warehouse operator from securing a general release or other document of similar import where a consumer's personal property in storage has been removed from storage for the purposes of conducting a public sale of such personal property pursuant to the provisions of § 7-210 of the New York Uniform Commercial Code.
It is an unconscionable practice for a storage warehouse operator or his authorized agent to sell a consumer's stored goods in satisfaction of alleged charges owed by the consumer unless the consumer shall first be afforded notice and the opportunity for arbitration before the New York Better Business Bureau on the issues of:
(a) nonpayment of the alleged charges owing; and
(b) the amount of such alleged charges. This provision does not affect any other legal right that a consumer may have prior to sale of his/her stored goods.
(a) It is a deceptive practice for any person, firm or corporation to act as an agent for a licensed storage warehouse operator unless:
(1) his/her principal is a licensed storage warehouse operator who has complied with all the requirements of Local Law 1 of the Laws of 1979 and these regulations; and
(2) the consumer is informed that an agent in his/her capacity as agent prior to rendering any service in connection with a household goods storage transaction; and
(3) all documents furnished to consumers by such agent shall bear the name of the principal for which the agent is functioning, indicating that the agent is in fact an agent of said principal; and
(4) there is on file with the Commissioner an agency agreement, executed by both the licensed warehouse operator, as principal, and a Department of Transportation (D.O.T.) certificated mover, as agent, which shall contain the following information:
(i) the name in which the principal is licensed, and his license number;
(ii) the name of the agent and his D.O.T. license number;
(iii) an undertaking by the principal that he will guarantee full compliance by the agent with Local Law 1 of the Laws of 1979 and any and all regulations promulgated thereunder;
(iv) the principal place of business and home addresses and telephone numbers of the principal and agent;
(v) an undertaking by the principal that he will be responsible for the filing of an amended agency agreement in the event that any of the information required to be contained in the original agreement should become inaccurate.
(b) A licensed warehouse operator who permits an agent to act on his behalf in providing any storage service shall be fully liable for any and all of the actions of such agent.
(c) It is a deceptive trade practice for any licensed warehouse operator to enter into an agency arrangement with a person, firm or corporation where there is any common ownership between the agent and the licensed warehouse operator.
Subchapter CC: Electronic Stores
The meaning of the term "audio equipment" specified in § 20-484(d) of the New York City Administrative Code includes devices such as telephones, cellular telephones, beepers or pagers.
(a) As used in this section, "gray market merchandise" means any brand-name electronic goods, as defined in § 20-484 of Subchapter 29 of Chapter 2, Title 20 of the administrative code of the city of New York, which is normally accompanied by an express written warranty valid in the United States of America which is imported into the United States through channels other than the manufacturer's authorized United States distributor for sale to the public and which, by reason of this manner of distribution, may not be accompanied by the manufacturer's express written warranty valid in the United States. The term "gray market merchandise" shall be limited to products purchased by a consumer for use primarily for personal, family or household purposes.
(b) Every electronic store which offers for sale gray market merchandise shall conspicuously post on a tag or sign that is attached to such merchandise or the external surface of its package that is visible at the point of display of such merchandise that such displayed item is gray market merchandise and that, as applicable, such product is or may:
(1) not be accompanied by the manufacturer's express written warranty valid in the United States; or
(2) not be accompanied by instructions in English; or
(3) not be eligible for a rebate offered by the manufacturer, or
(4) not be compatible with United States electrical currents or broadcast frequencies.
(c) Every electronic store which offers for sale gray market merchandise shall include the disclosures required by subdivision b of this section for any gray market merchandise offered for sale in any written advertisement relating to such merchandise. Such disclosures shall be made in type of conspicuous size.
(d) It shall be an affirmative defense as to the disclosure required in paragraph 1 of subdivision b of this section that the consumer is provided with a written warranty which offers equal or greater protection than the manufacturer's warranty through a warrantor demonstrated to be a financially responsible retailer, distributor, importer or other third person capable of fulfilling warranty obligations.
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