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This entry was published on 2014-09-22
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SECTION 396-N
Sales with "money back guarantee" and with "limited guarantee"
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 396-n. Sales with "money back guarantee" and with "limited
guarantee". 1. Definitions. As used in this section:

(a) "Seller" shall include any person, firm, partnership or
corporation.

(b) "Goods" shall mean merchandise that is bought for use primarily
for personal, family or household purposes.

(c) "Money back guarantee" shall mean a promise made by a seller to a
purchaser to repay, within the time period specified by the seller and
upon the return of the merchandise, the full purchase price thereof.

(d) "Limited guarantee" shall mean a promise made by a seller to a
purchaser to repay, within the time period specified by the seller and
upon the return of the merchandise, a portion of the purchase price, the
computation of which shall be described in the terms of the guarantee.

2. Whenever a seller offers or advertises for sale goods with a
guarantee that promises the return of the purchase price, upon the
return of the merchandise, such guarantee shall be deemed to be a money
back guarantee unless the term "limited guarantee" is used and the terms
of limitation of such guarantee are specified.