(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.