Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 3401. Definitions.
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§ 3401. Definitions. As used in this chapter: (1) “Energy service agreement” means a contract between a homeowner and an energy service company by which the energy service company is to provide residential heating fuel to the homeowner’s home and/or service the residential heatin…
6 Del. C. § 3402. Mandatory provisions for energy service agreements.
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§ 3402. Mandatory provisions for energy service agreements. (a) An energy service agreement must contain the following provisions: (1) All charges associated with the commencement of the services provided by the energy service company, listed with specificity; (2) All charges ass…
6 Del. C. § 3403. Provision of information to purchasers of residences.
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§ 3403. Provision of information to purchasers of residences. (a) When the owner of any residence subject to an energy service agreement enters into a contract for the sale of such residence, the owner must provide the energy service company with notice thereof at least 30 days p…
6 Del. C. § 3404. Limitation of liability upon transfer of residential heating system equipment.
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§ 3404. Limitation of liability upon transfer of residential heating system equipment. If the owner of a residence requires the settlement of residential heating system equipment pursuant to § 3402(a)(3) of this title, the purchasing energy service company shall perform such insp…
6 Del. C. § 3405. Private rights of action.
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§ 3405. Private rights of action. This chapter does not afford any person or any energy service company a private right of action for damages or rescission of the agreement of sale for the residence, and no such right of action shall be implied from any of its provisions, except …
6 Del. C. § 3501. Definitions.
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§ 3501. Definitions. As used in this chapter: (1) “Billing period” means the payment cycle agreed to by the parties, or, in the absence of an agreement, the calendar month within which the work is performed. (2) “Contractor” includes, but is not limited to, an architect, engineer…
6 Del. C. § 3502. Payments to contractor impressed with trust.
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§ 3502. Payments to contractor impressed with trust. All moneys or funds received by a contractor in connection with a contract for the erection, construction, completion, alteration or repair of any building or for additions to a building and all moneys or funds received by a co…
6 Del. C. § 3503. Use or application of money received by contractor.
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§ 3503. Use or application of money received by contractor. No contractor, or agent of a contractor, shall pay out, use or appropriate any moneys or funds described in § 3502 of this title until they have first been applied to the payment of the full amount of all moneys due and …
6 Del. C. § 3504. Contractor’s failure to use or apply money in accordance with § 3503 of this title.
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§ 3504. Contractor’s failure to use or apply money in accordance with § 3503 of this title. Failure of a contractor, or of an agent of a contractor, to pay or cause to be paid, in full or pro rata, the lawful claims of all persons, firms, association of persons or corporations (i…
6 Del. C. § 3505. Penalties.
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§ 3505. Penalties. Whoever, being a contractor, or any agent of a contractor, pays out, uses or appropriates, or consents to the paying out, use or appropriation of any moneys or funds received for any of the purposes specified in § 3502 of this title, prior to paying in full or …
6 Del. C. § 3506. Interest penalties on late payments.
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§ 3506. Interest penalties on late payments. (a) Each construction contract awarded by an owner shall include: (1) A payment clause which obligates the owner to pay the contractor for satisfactory performance under the contract within 30 days of the end of the billing period; (2)…
6 Del. C. § 3507. Payments due.
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§ 3507. Payments due. (a) The owner shall pay the contractor strictly in accordance with the terms of the contract. (b) If the terms of the contract do not contain a term governing payment, the contractor shall be entitled to submit an invoice to the owner for payments at the end…
6 Del. C. § 3508. Procedure for dispute of claims.
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§ 3508. Procedure for dispute of claims. (a) If an owner or contractor disputes any amounts stated in an invoice for payment, then: (1) The party disputing the invoice must notify the other party in writing within 7 days of the receipt of the disputed invoice; and (2) The party d…
6 Del. C. § 3509. Attorneys’ fees and litigation costs.
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§ 3509. Attorneys’ fees and litigation costs. (a) Award of attorneys’ fees and arbitration costs. — If arbitration or litigation is commenced to recover payment due under § 3507 of this title and it is determined that the owner, contractor or subcontractor has failed to comply wi…
6 Del. C. § 3701. Definitions.
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§ 3701. Definitions. As used in this chapter: (1) “Consumer” means a person who buys for personal use, or for the use of another but not for resale. (2) “Secondhand” watch means: a. A watch which, as a whole, or the case thereof, or the movement thereof has been previously sold t…
6 Del. C. § 3702. Seller’s record of watches sold to consumers; inspection.
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§ 3702. Seller’s record of watches sold to consumers; inspection. The seller’s record of sold watches containing the information specified in § 3701 of this title shall be kept for at least 3 years from the date of the sale of the watch and shall be open for inspection during all…
6 Del. C. § 3703. Tagging.
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§ 3703. Tagging. Any person, or any agent or employee thereof, who sells a secondhand watch, shall affix and keep affixed to the same a tag with the words “secondhand” legibly written or printed thereon in the English language.41 Del. Laws, c. 198, § 2; 6 Del. C. 1953, § 3703;
6 Del. C. § 3704. Invoice to vendee; contents, duplicate and inspection.
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§ 3704. Invoice to vendee; contents, duplicate and inspection. Any person, or any agent or employee thereof, who sells a secondhand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date o…
6 Del. C. § 3705. Advertising.
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§ 3705. Advertising. Any person advertising in any manner secondhand watches for sale shall state clearly in such advertising that the watches advertised are secondhand watches.41 Del. Laws, c. 198, § 4; 6 Del. C. 1953, § 3705;
6 Del. C. § 3706. Penalties.
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§ 3706. Penalties. Whoever violates this chapter shall be fined not less than $100 nor more than $500, or imprisoned not more than 3 months, or both.41 Del. Laws, c. 198, § 5; 6 Del. C. 1953, § 3706;
6 Del. C. § 3801. Definitions.
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§ 3801. Definitions. As used in this chapter unless the context requires a different meaning: (1) “Broadcast” means the transmission of information by means of radio or television facilities. (2) “Notice” means any notice that is required by law to be published. (3) “Station” mea…
6 Del. C. § 3802. Supplemental publication.
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§ 3802. Supplemental publication. (a) Any state or other public officer who is required by law to publish any notice, may supplement publication thereof by causing such notice or a concise summary or description thereof to be broadcast at such times and with such frequency determ…
6 Del. C. § 3803. Broadcast requirements.
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§ 3803. Broadcast requirements. (a) In the broadcast of the notice or material under this chapter, no reference by name to any person who is a candidate for elective public office at the time of the broadcast shall be made. (b) Each station that broadcasts any notice or material …
6 Del. C. § 3804. Affidavit.
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§ 3804. Affidavit. Proof of publication of the notice or other material under this chapter shall be by affidavit of the owner, manager, assistant manager or program director of the station, in substantially the following form: AFFIDAVIT OF BROADCAST State of Delaware, County of__…
6 Del. C. § 3805. Selection of stations.
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§ 3805. Selection of stations. All public officials performing functions under this chapter shall select stations that best assure effective publicity for the notice or material being broadcast, based on the nature of the notice or material being broadcast.6 Del. C. 1953, § 3805;…
6 Del. C. § 3806. Payments.
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§ 3806. Payments. The cost of such broadcast shall be paid out of the funds of the agency in whose behalf the broadcast is made.6 Del. C. 1953, § 3806; 56 Del. Laws, c. 471.;
6 Del. C. § 3901. Publication of public notices on Sunday.
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§ 3901. Publication of public notices on Sunday. Whenever, under any general or special law or charter in this State, any person is authorized to issue or publish any newspaper or newspapers on Sunday, any and every official or public notice, rule, order, proclamation, announceme…
6 Del. C. § 4001. Definitions.
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§ 4001. Definitions. As used in this chapter, the following words shall have the meaning ascribed to them: (1) “Clinically ill” means an illness that is apparent to a licensed veterinarian based on observation, examination, or testing of the dog. (2) “Nonelective surgical procedu…
6 Del. C. § 4002. Information provided at time of sale.
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§ 4002. Information provided at time of sale. (a) Every seller shall, at the time of sale, deliver to the purchaser of each dog a written statement containing the following information: (1) The date of the animal’s birth, if known; the breeder’s name and address, if known; and th…
6 Del. C. § 4003. Seller disclosure.
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§ 4003. Seller disclosure. (a) Upon the sale of a dog by any seller, a written disclosure signed and dated by the seller and purchaser shall be provided at the time of sale, which shall include: (1) A statement by the seller: a. That the animal has no known disease or illness, no…
6 Del. C. § 4004. Record keeping.
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§ 4004. Record keeping. A seller shall maintain the written record on the health, status and disposition of each dog sold by the seller for a period of not less than 2 years following such sale. The record shall also contain all of the information required to be disclosed pursuan…
6 Del. C. § 4005. Purchaser remedies.
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§ 4005. Purchaser remedies. (a) A purchaser is entitled to a remedy from a seller pursuant to this section if after the purchase of a dog from such seller, 1 of the following subdivisions becomes applicable. (1) Within 20 days after purchase of the animal, a licensed veterinarian…
6 Del. C. § 4006. Purchaser’s obligations.
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§ 4006. Purchaser’s obligations. To obtain remedies under § 4005 of this title, the purchaser shall comply with all of the following requirements: (1) Notify the seller as soon as practicable, but in no case more than 10 days after the diagnosis by a licensed veterinarian of a me…
6 Del. C. § 4007. Limitations.
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§ 4007. Limitations. (a) Notwithstanding any other provisions of this chapter, no refund, replacement or reimbursement of veterinary fees shall be made under any of the following conditions: (1) The illness or death resulted from maltreatment or neglect or from an injury sustaine…
6 Del. C. § 4008. Contested cases.
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§ 4008. Contested cases. (a) In the event that a seller disputes a purchaser’s entitlement to a remedy under this chapter, the seller may, except in the case of the animal’s death, have the dog examined by a licensed veterinarian designated by the seller. The cost of such examina…
6 Del. C. § 4009. Notice.
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§ 4009. Notice. (a) Every seller shall post in a conspicuous location a notice stating that purchasers of animals have specific rights under law and that a written statement of such rights is available upon request. Such notice shall be in 100-point type and shall read as follows…
6 Del. C. § 4010. Additional legal remedies.
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§ 4010. Additional legal remedies. (a) Nothing in this chapter shall limit the rights or remedies that are otherwise available to a consumer under any other law, nor shall this chapter in any way limit the seller and the purchaser from agreeing between themselves upon additional …
6 Del. C. § 4011. Misrepresentation as to registration or breed; remedies.
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§ 4011. Misrepresentation as to registration or breed; remedies. (a) A seller shall not state, promise or represent to the purchaser, directly or indirectly, that an animal is registered or capable of being registered with an animal registering organization unless the seller prov…
6 Del. C. § 4101. Disposal of unclaimed garments.
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§ 4101. Disposal of unclaimed garments. Any garment left with a retail dry cleaner or retail launderer for dry cleaning or laundering which is not redeemed within 1 year may be disposed of by the dry cleaner or launderer without any liability or responsibility for the garment or …
6 Del. C. § 4201. Statement of purpose.
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§ 4201. Statement of purpose. The purpose of this chapter is to safeguard the public interest against fraud, deceit and financial hardship, and to foster and encourage competition, fair dealing and prosperity in the field of health spa services by prohibiting false and misleading…
6 Del. C. § 4202. Definitions.
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§ 4202. Definitions. As used in this chapter: (1) “Business day” means any day except a Sunday or legal holiday. (2) “Buyer” means a natural person who enters into a health spa contract. (3) “Contract price” means the sum of the initiation fee, if any, and all fees except interes…
6 Del. C. § 4203. Registration.
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§ 4203. Registration. (a) It shall be unlawful for any health spa to offer, advertise, or execute or cause to be executed by the buyer any health spa contract in this State unless the health spa at the time of the offer, advertisement, sale or execution of a health spa contract h…
6 Del. C. § 4204. Health Spa Guaranty Fund.
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§ 4204. Health Spa Guaranty Fund. (a) The Director of the Division of Consumer Protection shall establish and maintain the Health Spa Guaranty Fund in accordance with the provisions of this section. (b) (1) Upon registering with the Director pursuant to § 4203 of this title and u…
6 Del. C. § 4205. Right of cancellation.
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§ 4205. Right of cancellation. (a) Every health spa contract for the sale of future health spa services which are paid for in advance or for which the buyer agrees to pay in future installments shall be in writing and shall contain the following contractual provisions: (1) A prov…
6 Del. C. § 4206. Notice to buyer.
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§ 4206. Notice to buyer. A copy of the signed health spa contract shall be delivered to the buyer at the time the contract is executed. All health spa contracts must be in writing, be signed by the buyer, must designate the date on which the buyer actually signed the contract, mu…
6 Del. C. § 4207. Duration of contract.
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§ 4207. Duration of contract. No health spa contract shall have a duration for a period longer than 36 months. However, the computation of the maximum duration permissible shall exclude any period of time (not to exceed 6 months) offered by a health spa as a bonus incentive at a …
6 Del. C. § 4208. Renewals.
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§ 4208. Renewals. If the original health spa contract complies with the chapter, or was entered into prior to January 1, 1989, the exercise of options to renew health spa contracts at a prorated price less than the original contract price may be accomplished by a separate written…
6 Del. C. § 4209. Initiation fees limited.
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§ 4209. Initiation fees limited. No health spa shall charge any initiation fee in connection with a health spa contract of less than 12 months’ duration. For all health spa contracts of 3 months or less duration, all rights of renewal which extend the membership beyond the first …
6 Del. C. § 4210. Provisions not exclusive.
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§ 4210. Provisions not exclusive. The provisions of this chapter are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable provisions of law.66 Del. Laws, c. 395, § 1;
6 Del. C. § 4211. Fraud rendering contract void.
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§ 4211. Fraud rendering contract void. Any health spa contract entered into by the buyer upon any false or misleading information, representation, notice or advertisement of the health spa or the health spa’s agents shall be void and unenforceable.66 Del. Laws, c. 395, § 1;