Title 6 — Commerce and Trade

§ 5002E. Certificate of adoption of transparency and sustainability standards. (a) The Secretary of State shall issue a certificate of adoption of transparency and sustainability standards to any entity if the Secretary of State shall have determined that the following conditions…

§ 5003. Remedies upon failure to repair. (a) If the manufacturer, its agent or its authorized dealer does not conform the automobile to any applicable express warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer shall eithe…

§ 5003A. Manufacturer’s duty to repair. If a farm tractor does not conform to applicable express written warranties and the consumer reports the nonconformity to the manufacturer and its authorized dealer during the term of the express written warranties or during the period of 1…

§ 5003B. Notice to consumer. At the time of purchase the manufacturer must provide directly to the consumer a statement, written in 10-point all capital type on a separate piece of paper or in such other form as the consumer can understand, in substantially the following form: “I…

§ 5003C. Violations. A consumer who incurs actual damages due to a reckless or intentional violation of this chapter may bring a civil action against the commercial entity.79 Del. Laws, c. 287, § 1;

§ 5003D. Notice by publication. (a) A museum may give notice by publication under this chapter if the museum does not: (1) Know the identity of the lender or any designated agent of the lender; (2) Have an address last known for the lender or any designated agent of the lender; o…

§ 5003E. Statement of adoption of transparency and sustainability standards. If the governing body of an entity has adopted resolutions setting forth the entity’s standards and assessment measures, the entity may file a standards statement that: (1) Acknowledges that the governin…

§ 5004. Presumptions. (a) It shall be presumed that a reasonable number of attempts have been undertaken to conform a new automobile to the manufacturer’s express warranty if, within the warranty term or during the period of 1 year following the date of original delivery of the m…

§ 5004A. Manufacturer’s duty to refund or replace. (a) If the manufacturer or its authorized dealers are unable to make the farm tractor conform to any applicable express written warranty by repairing or correcting any condition which substantially impairs the use or market value…

§ 5004B. Replacement or refund. (a) If, after a reasonable attempt to repair, a nonconformity is not repaired, the manufacturer shall, at the direction of the consumer, do 1 of the following: (1) Accept return of the assistive technology device and within 30 days refund to the co…

§ 5004C. Exemptions. This chapter does not apply to any of the following: (1) Any bank, credit union, or financial institution, as defined under the federal Gramm Leach Bliley Act, 15 U.S.C. § 6801 et seq., as amended, that is subject to the regulation of the Office of the Comptr…

§ 5004D. Notice; contents. In addition to any other information that may be required or seem appropriate, a notice given by a museum under this chapter must contain the following: (1) The name of: a. The lender; or b. Any designated agent of the lender. (2) The last known address…

§ 5004E. Reporting entity status — Renewal statement. (a) A renewal statement shall be submitted to the Secretary of State between October 1 and December 31 of each year. A reporting entity shall become a nonreporting entity on January 1 of the following year if the reporting ent…

§ 5005. Costs and attorneys’ fees in breach of warranty actions. In any court action brought under this chapter by a consumer against the manufacturer of an automobile, or the manufacturer’s agent or authorized dealer, based upon the alleged breach of an express warranty made in …

§ 5005A. Extension of warranty. The terms of any express written warranty, the 1-year period and the 60-day repair period shall be reasonably extended by any period of time during which repair services or replacement parts are not available to the consumer because of a war, invas…

§ 5005B. Nonconformity disclosure requirement. No assistive technology device returned by a consumer or assistive technology device lessor in this State or another state may be sold or leased in this State unless full disclosure of the reason for return is made to a prospective b…

§ 5005D. Acquiring title — Permanent loaned or loaned property. (a) A museum may acquire title in the following manner to property that is on permanent loan to the museum or that was loaned for a specified term that has expired: (1) The museum must give notice that the museum is …

§ 5005E. Restoration statement. (a) If any reporting entity shall become a nonreporting entity for failure to file a renewal statement, it may, at any time during the calendar year following such failure, file a restoration statement. The restoration statement shall: (1) Acknowle…

§ 5006. Affirmative defense to claim. It shall be an affirmative defense to a claim under this chapter that the alleged nonconformity does not substantially impair the use, value or safety of the new automobile or that the nonconformity is the result of abuse or neglect or of una…

§ 5006A. Alternative dispute settlement. (a) Exhaustion required. — If a manufacturer has established, or participates in, an informal dispute settlement procedure which substantially complies with the provisions of the Code of Federal Regulations, Title 16, Part 703, as amended,…

§ 5006B. Availability of other remedies; waivers void; additional relief. (a) This chapter does not limit rights or remedies which are otherwise available under any uniform commercial code, consumer protection statute, or any other applicable law or regulation. (b) A waiver of ri…

§ 5006D. Acquiring title — Undocumented property, notice. A museum may acquire title to undocumented property held by the museum for at least 3 years as follows: (1) The museum must give notice that the museum is asserting title to the undocumented property. (2) The notice that t…

§ 5006E. Limitation of liability. Neither the failure by an entity to satisfy any of its standards, nor the selection of specific assessment measures, nor any other action taken by or on behalf of the entity pursuant to this chapter or any omission to take any action required by …

§ 5007. Informal dispute settlement procedure. (a) If a manufacturer has established an informal settlement procedure that has a certificate of approval by the Division of Consumer Protection, the remedies provided by this chapter shall not be available to any consumer who has no…

§ 5007A. Limitation of actions. Any action brought under this chapter shall be commenced within 6 months following: (1) Expiration of the express written warranty term, or (2) 1 year following the date of the original delivery of the farm tractor to the consumer, whichever is lat…

§ 5007B. Replacement during repair; reimbursement of rental costs incurred by consumer; penalties. (a) Whenever an assistive technology device covered by a manufacturer’s express warranty is tendered by a consumer to the manufacturer, assistive technology lessor, or authorized as…

§ 5007D. Acquiring title — Unsolicited donations, notice. A museum may acquire title to unsolicited donations found on museum property as follows: (1) Unsolicited donations are conclusively presumed to be a gift to the museum if ownership is not claimed by a person or individual …

§ 5007E. Fees. No document required to be filed under this chapter shall be effective until the applicable fee required by this section is paid. The following fees shall be paid to and collected by the Secretary of State for the use of the State: (1) Upon the receipt of a stateme…

§ 5008. Remedies cumulative. Nothing in this chapter shall in any way limit the rights or remedies available to a consumer under Subtitle I of this title.64 Del. Laws, c. 173, § 1;

§ 5008A. Remedy nonexclusive. Nothing in this chapter limits the rights or remedies which are otherwise available to a consumer under any other law.66 Del. Laws, c. 57, § 1;

§ 5008D. Conservation measures. Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to property on loan to the museum without the lender’s permission or formal notice: (1) If: a. Action is required to protect the property on loan or …

§ 5008E. Short title. This chapter shall be known and may be identified and referred to as the “Certification of Adoption of Transparency and Sustainability Standards Act.”81 Del. Laws, c. 279, § 1;

§ 5009. Enforcement. In addition to any remedies the consumer may have at law or in equity, a violation of this chapter shall be an unlawful practice as defined in § 2513 of this title. The Division of Consumer Protection shall promulgate rules and regulations in order to impleme…

§ 5009A. Rules and regulations; evaluation of procedure. The Division of Consumer Protection shall promulgate necessary rules and regulations to implement the purposes of this chapter and shall annually evaluate and certify whether any informal dispute settlement procedure utiliz…

§ 5009D. Conservation measures — Lien, liability. If a museum applies conservation measures to property under § 5008D of this title or with the agreement of the lender, unless the agreement provides otherwise, the museum: (1) Acquires a lien on the property in the amount of the c…

§ 5101. Definitions; meaning of terms. When used in this chapter: (1) A “certificate of conformance” means a document issued by the National Institute of Standards and Technology based on testing in participating laboratories that indicates that the weights and measures or weighi…

§ 5102. Systems of weights and measures. The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and 1 or both of these systems shall be used for all commercial purposes in this State. The defi…

§ 5103. Definitions of special units of measure. The term “barrel,” when used in connection with fermented liquor, shall mean a unit of 31 gallons. The term “ton” shall mean a unit of 2,000 pounds avoirdupois weight. The term “cord,” when used in connection with wood intended for…

§ 5104. State standards of weights and measures. Such weights and measures in conformity with the standards of the United States as have been supplied to the State by the federal government or otherwise obtained by the State for use as state standards shall, when the same shall h…

§ 5105. Field standards and equipment. In addition to the state standards provided for in § 5104 of this title, there shall be supplied by the State such “field standards” and such equipment as may be found necessary to carry out the provisions of this chapter. The field standard…

§ 5106. General powers and duties of Secretary of Agriculture. The Secretary of Agriculture shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this chapter, and shall keep accurate records of the same. The …

§ 5107. Specific powers and duties of Secretary of Agriculture; regulations. The Secretary shall issue from time to time reasonable regulations for the enforcement of this chapter, which regulations shall have the force and effect of law. These regulations may include (1) standar…

§ 5108. Testing at state-supported institutions. The Secretary of Agriculture shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the General As…

§ 5109. General testing. When not otherwise provided by law, the Secretary of Agriculture shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. It shall be the duty of the Secretary of Agriculture,…

§ 5110. Investigations. The Secretary of Agriculture shall investigate complaints concerning violations of the provisions of this chapter, and shall, upon the Secretary of Agriculture’s own initiative, conduct such investigations as deemed appropriate and advisable to develop inf…

§ 5111. Inspection of packages. The Secretary of Agriculture shall, as often as necessary to provide adequate protection, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether …

§ 5112. Stop-use, stop-removal, and removal orders. The Secretary of Agriculture shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-remova…

§ 5113. Disposition of correct and incorrect apparatus. The Secretary of Agriculture shall approve for use and seal or mark with appropriate devices such weights and measures found upon inspection and test to be “correct” as defined in § 5107 of this title, and shall reject and m…

§ 5114. Police powers; right of entry and stoppage. With respect to the enforcement of this chapter and any other chapters dealing with weights and measures that the Secretary of Agriculture is, or may be, empowered to enforce, the Secretary of Agriculture is hereby vested with p…

§ 5115. Powers and duties of inspectors. The powers and duties given to and imposed upon the Secretary of Agriculture by §§ 5108, 5109, 5110, 5111, 5112, 5113, 5114 and 5137 of this title are given to and imposed upon the inspectors also, when acting under the instructions and at…