Title 39, Trade and Commerce

The Commission may register and license without investigation, nonresident persons purporting to manufacture blind-made products, provided it has received proof that such person is approved by the state of his residence and has requirements substantially similar to those prescrib…

In the absence of such provision in another state the applicant shall furnish written evidence from the agency for blind in the state of origin, or from other sources acceptable to the Commission, a notarized statement or affidavit that the product to be sold is in fact blind-mad…

No fee shall be charged for the registration and licensing of an individual blind person who manufactures and sells products of his own labor.

An annual fee of ten dollars shall be charged and collected at the time of registration of any other person. All such registrations shall be valid for one year from the date of issue and requests for renewal shall be submitted at least sixty days prior to its due date. Licenses n…

Upon receipt of evidence indicating noncompliance with the requirements of this chapter, the Commission may suspend the vendor's registration and license. A hearing on the suspension shall be held within ten days after official notice and decision shall be rendered within twenty …

Use of registration and license to solicit or receive money contributions by any person selling blind-made products is prohibited and such person shall have his license to sell such products suspended for ninety days for an initial offense and indefinitely for a second or subsequ…

The provisions of this chapter shall not apply to, nor in any way prevent, any civic or service organization from selling products, the net proceeds of which are intended for the benefit of the blind.

Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one hundred dollars or by imprisonment for a term not to exceed thirty days.

The provisions of Section 39-53-10 shall not apply to the sale, or the offer to sell, merchandise or products known as "blinds," nor to persons whose given individual names are "Blind."

It shall be unlawful for any person to sell, or offer to sell, any merchandise or other products, which are represented to be blind-made products, unless the merchandise or other products have been actually made or manufactured by blind persons.

The Commission for the Blind (Commission) shall verify that every article sold by any person meets the prescribed standards set forth herein and that such article be listed with the Commission.

Each applicant shall submit at the time of initial application, and at least annually thereafter, or whenever required by the Commission, a list and description itemizing each finished product including the sale price, and source of production, which he intends to sell as a "blin…

Vendors organized to sell blind-made products shall not carry in stock or sell merchandise which is not made or identified as having been made by blind persons. Such vendors shall not be eligible for registration or license under this chapter.

To facilitate identification of products made by blind persons, any person engaged in the manufacture, distribution or sale of blind-made products shall apply to the Commission for a permit to use an official label approved by the Commission to identify each product made by a bli…

Each person making application shall be investigated by the Commission and required to provide such information, in such form as the Commission may require, to determine if such person is engaged in the manufacture or distribution of blind-made products.

Any blind craftsman or any person registered with the Commission who is engaged in the manufacture or distribution of blind-made products shall be required to imprint or otherwise affix labels thereto containing the words "made or manufactured by a blind workman," or similar word…

This chapter may be cited as the "Assistive Technology Warranty Act".

As used in this chapter: (1) "Assistive technology device" or "device" means an item or piece of equipment or product system with a retail cost to a consumer of three hundred dollars or more that a consumer purchases or accepts transfer of in this State which is used to increase,…

A manufacturer who sells an assistive technology device to a consumer, either directly or through an assistive technology device dealer, shall furnish the consumer with an express written warranty for the assistive technology device. At a minimum, the warranty shall guarantee tha…

(A) If an assistive technology device does not conform to an applicable express warranty and the consumer (1) reports the nonconformity to the manufacturer, the assistive technology device lessor, or any of the manufacturer's authorized assistive technology device dealers and (2)…

(A) This chapter must not be considered to limit rights or remedies available to a consumer under any other law or contract. (B) A waiver by a consumer of rights under this chapter is void. (C) In addition to pursuing another remedy, a consumer may bring an action to recover for …

This chapter does not apply to: (1) Hearing aid specialists licensed to fit and sell hearing aids pursuant to Chapter 25 of Title 40. Nothing in this chapter is in lieu of or shall conflict with or supersede Chapter 25 of Title 40 and the rights of those persons licensed under Ch…

This chapter may be cited as the South Carolina Business Opportunity Sales Act.

As used in this chapter "business opportunity" means the sale or lease of any products, equipment, supplies, or services which are sold to the purchaser for the purpose of enabling the purchaser to start a business, for which the purchaser is required to pay the seller a fee whic…

At least forty-eight hours prior to the time the purchaser signs a business opportunity contract, or at least forty-eight hours prior to the receipt of any consideration by the seller, whichever occurs first, the seller shall provide the prospective purchaser a written document, …

If the business opportunity seller makes any of the representations set forth in Section 39-57-20 (3), the seller must either have obtained a surety bond issued by a surety company authorized to do business in this State or have established a trust account with a licensed and ins…

(A) The seller of every business opportunity shall file with the Secretary of State a copy of the disclosure statement required by Section 39-57-30 before placing an advertisement or making other representations to prospective purchasers in this State and shall update this filing…

(A) Licenses required by Chapter 57 of Title 39 to be registered biennially must be assigned registration periods as provided in this section. (1) Upon the first reregistration of the licenses by the South Carolina Secretary of State's Office after the effective date of biennial …

Business opportunity sellers shall not: (1) Represent that the business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses this data to the prospective purchase…

(a) Every business opportunity contract shall be in writing and a copy shall be given to the purchaser at the time he signs the contract. (b) Every contract for a business opportunity shall include the following: (1) The terms and conditions of payment; (2) A detailed description…

(a) If a business opportunity seller uses any untrue or misleading statements in the sale of a business opportunity, or fails to give the disclosures required by Section 39-57-30, or fails to deliver the equipment, supplies or products necessary to begin substantial operation of …

As used in this chapter: (1) "Current Model" means a model listed in the wholesaler's, manufacturer's, or distributor's sales manual or any supplements to the manuals. (2) "Current Net Price" means the price listed in the wholesaler's, manufacturer's, or distributor's current pri…

All warranty claims made by the retailer to the wholesaler, manufacturer, or distributor, for labor and parts must be paid within thirty days following their approval. All warranty claims must be either approved or disapproved within thirty days after their receipt, and any claim…

A wholesaler, manufacturer, or distributor shall fully indemnify and hold harmless its retailer against any losses, including but not limited to: court costs and reasonable attorney's fees, or damages arising out of complaints, claims, or lawsuits including, but not limited to, s…

Notwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver, and any other legal remedies available, any person who is injured in his business or property by a violation of this chapter by the commission of an…

Any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the facts constituting a violation of the provisions of this…

Whenever any retailer enters into a franchise agreement, evidenced by a written contract, or oral contract with a wholesaler, manufacturer, or distributor wherein the retailer agrees to maintain an inventory and the contract is terminated, the wholesaler, manufacturer, or distrib…

The wholesaler, manufacturer, or distributor shall repurchase the inventory previously purchased from him and held by the retailer within ninety days of the date of termination of the contract by either party. The wholesaler, manufacturer, or distributor shall pay one hundred per…

The wholesaler, manufacturer, or distributor shall make payment of the full repurchase amount to the retailer not later than thirty days after the receipt of inventory as provided for in Section 39-59-30. Upon payment of the repurchase amount to the retailer, the title and right …

The provisions of this chapter do not require the repurchase from a retailer of: (1) Any repair part with a limited storage life or otherwise subject to deterioration, such as gaskets or batteries, but not industrial "press on" or industrial pneumatic tires; (2) Any single repair…

If any wholesaler, manufacturer, or distributor fails or refuses to repurchase any inventory covered under the provisions of this chapter within the time periods established in Section 39-59-30, he is civilly liable for one hundred percent of the current net price of the inventor…

In the event of the death or incapacity of the retailer or the majority stockholder of a corporation operating as a retailer, the wholesaler, manufacturer, or distributor shall repurchase, at the option of the heir or retailer, as defined in item (3) of Section 39-59-10, the inve…

The provision of this chapter may not be construed to affect in any way any security interest which the wholesaler, manufacturer, or distributor may have in the inventory of the retailer, and any repurchase is not subject to the provisions of Chapter 6 of Title 36. The retailer, …

The wholesaler, manufacturer, or distributor has no more than ninety days to audit the books or records regarding any pay-offs, floor plans material or goods and to make any collections from them. If the retailer is involved in any promotional contest or promotion scheme, the who…

This chapter is known and may be cited as the "Motor Club Services Act".

(A) The department may file a request for a contested case hearing with the Administrative Law Court for an order requiring the club to cease and desist or an order revoking, suspending, or vacating the certificate of authority of a club, if the Administrative Law Court finds, af…