§81A-26. Sale from bulk

(a)        Whenever the quantity is determined by the seller, bulk sales in excess of twenty dollars ($20.00) and all bulk deliveries of heating fuel shall be accompanied by a delivery ticket containing the following information:

(1)        The name and address of the vendor and the name of the purchaser,

(2)        The date delivered,

(3)        The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity,

(4)        The identity of the commodity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale,

(5)        The count of individually wrapped packages, if more than one, and

(6)        For heating fuels which are liquids and gases, the price per gallon and any other charges associated with the delivery.  This subdivision applies only to residential, retail deliveries.

(b)        Any invoice corresponding to the delivery ticket required under the preceding subsection (a) shall contain the information set forth in the preceding subdivisions (a)(1) through (6), and shall also state the amount of sales tax, if any, and the grand total.  This subsection does not apply to any subsequent billing when the seller has previously complied with the requirements of subsections (a) and (b) of this section.

(c)        Whenever a seller quotes a price or other terms and conditions to a potential purchaser under this section, if those terms and conditions include a low, introductory price, other reduced charges, or other special conditions not representative of the prices or terms and conditions that apply to existing customers of the same type or class, the seller shall clearly and conspicuously disclose: (i) those facts, (ii) the price and terms and conditions that would on that date apply to existing customers of the same type or class as the potential purchaser, and  (iii) the amount of time that the introductory or unrepresentative price or terms and conditions will remain in effect.

(1975, c. 544; 1991, c. 642, s. 1; 1997-456, s. 11.)