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This entry was published on 2014-09-22
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SECTION 426
Definitions
Personal Property (PEP) CHAPTER 41, ARTICLE 10-A
§ 426. Definitions. In this article:

1. "Door-to-door sale" shall mean a sale, lease or rental of consumer
goods or services in which the seller or his representative personally
solicits the sale, including those in response to or following an
invitation by the buyer, and the buyer's agreement or offer to purchase
is made at a place other than the place of business of the seller. The
term "door-to-door sale" does not include a transaction:

(a) made pursuant to prior negotiations in the course of a visit by
the buyer to a retail business establishment having a fixed permanent
location where the goods are exhibited or the services are offered for
sale on a continuing basis; or

(b) in which the buyer has initiated the contact and the goods or
services are needed to meet a bona fide immediate personal emergency of
the buyer, and the buyer furnishes the seller with a separate dated and
signed personal statement in the buyer's handwriting describing the
situation requiring immediate remedy and expressly acknowledging and
waiving the right to cancel the sale within three business days; or

(c) conducted and consummated entirely by mail or telephone; and
without any other contact between the buyer and the seller or its
representative, other than at the place of business of the seller, prior
to delivery of the goods or performance of the services; or

(d) in which the buyer has initiated the contact and specifically
requested the seller to visit his home for the purpose of repairing or
performing maintenance upon the buyer's personal property. If in the
course of such a visit, the seller sells the buyer the right to receive
additional services or goods other than replacement parts necessarily
used in performing the maintenance or in making the repairs, the sale of
those additional goods or services would not fall within this exclusion;
or

(e) pertaining to the sale or rental of real property, to the sale of
insurance or to the sale of securities or commodities by a broker-dealer
registered with the securities and exchange commission; or

(f) where the purchase price whether under single or multiple
contracts, does not exceed twenty-five dollars and the products, goods,
or merchandise purchased is capable of delivery at one time.

2. "Consumer goods or services" shall mean goods or services
purchased, leased, or rented primarily for personal, family or household
purposes, including courses of instruction or training regardless of the
purpose for which they are taken.

3. "Seller" shall mean any person, partnership, corporation or
association engaged in the the door-to-door sale of consumer goods or
services.

4. "Place of business" shall mean the main or permanent branch office
or local address of the seller.

5. "Purchase price" shall mean the total price paid or to be paid for
the consumer goods or services, including all interest and service
charges.

6. "Business day" shall mean any calendar day except Sunday, or the
following business holidays: New Year's Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,
Thanksgiving Day, and Christmas Day.

7. (a) "Personal emergency response service" shall mean (i) the
provision and maintenance of electronic communication equipment in the
home of an individual which signals a monitoring agency for help when
activated by the individual, or after a period of time if a timer
mechanism has not been reset; (ii) the continuous monitoring of such
signals by a trained operator and, in case of receipt of such signal,
the immediate notification of such emergency response organizations or
persons, if necessary, as the individual has previously specified.

(b) With respect to a "personal emergency response service" as defined
in paragraph (a) of this subdivision, the provisions of this article
shall apply to the purchase by a consumer of provision for such service,
whether or not such purchase is made in a "door-to-door sale" as defined
in subdivision one of this section, except where applying any of the
provisions of this article conflicts with any provision of section three
hundred ninety-one-l of the general business law, in which case the
provisions of section three hundred ninety-one-l of the general business
law shall prevail. For this purpose, the transactional exclusions from
the definition of "door-to-door sale" contained in paragraphs (a)
through (f) of subdivision one of this section shall not apply to the
sale or purchase of a personal emergency response service as defined
herein, and the term "door-to-door sale" wherever used in this article
shall be deemed to also mean any sale, lease or rental of a personal
emergency response service to or by a consumer.