Approved Code No. 114 Registry o. 1330-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

SCIENTIFIC APPARATUS 

INDUSTRY 

AS APPROVED ON NOVEMBER 14, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

1. Executive Order 

8. Gode 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - • - - - - - - Price 5 cents 

V 
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Printing Office, Wasqington, D.C., and by district offices of the Bureau of · Foreign and Domestic Commerce. 

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(II) 
EXECUTIVE ORDER 

CoDE OF FAIR CouPETITION FOR THE ScrnNTIFIC APPARA.TUS INDUSTRY 

An application having been duly made, pursuant to and in full 

compliance with the provisions of title I of the National Industrial 

Recovery Act, approved June 16, 1933, for my approval of a Code 

of Fair Competition for the Scientific Apparatus Industry, and hearings having been held thereon and the Administrator having rendered his report containing an analysis of the said code of fair 

competition together with his recommendations and findings with 

respect thereto, and the Administrator having found that the said 

code of fair competition complies in all respects with the pertinent 

provisions of title I of said act and that the requirements of clauses 

(1) and (2) of subsection (a) of section 3 of the said act have been 

met: 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by title I 

of the National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report, recommendations, and 

.findings of the Administrator and do order that the said code of fair 

competition be and is hereby approved. 

THE WHITE HousE, 

November 14, 1933. 

Approval recommended : 

HUGHS. JOHNSON. 

FRANKLIN D. ROOSEVELT. 

Adminutrator. 

cm> 

21125°-244-5-33 
The PRESIDENT, 

NOVEMBER 9, 1933. 

The vV hite H OUISe. 

Srn: A public hearing on the Code of Fair Competition for the 

Scientific Apparatus Industry of the United States, submitted by 

the Scientific Apparatus l\fakers of America, located at 12 South 

T ,,elfth Street, Philadelphia, Pennsylvania, was conducted in ""\Vashington, D.C., on the 21st of September, 1933, in accordance with the 

provisions of the National Industrial RecoYery Act. The Association claims to represent 80 percent of the industry. 

The maxim.um hours provided in the Code are 40 per week, with 

ample provision for emergencies and peak periods, and providing 

time and one half for all hours in excess of the maxi1num for productive employees. The average workweek in 1928 was 45 hours; in 

1929 it was approximately 48 to 50 hours. 

The minimum wage provided in the Code is $15.00 per week. The 

Code· contains a clause providing for an equitable adjustment of 

wages above the minimum subsequent to June 16, 1933. 

The inclusion of the products covered by this Code is logical from 

the standpoint of the trade, but because the various products included in this Code cut across all Census Classifications, including 

some under the Code which are not included in Census Classifications 

and excluding others which are included as Scientific Apparatus, it 

is impossible to get any definite statistical data regarding the 

industry. 

There were about 16,000 employees in 92--94 establishments reported during 1929. Approximately 12,000 were employed in 110 

concerns reporting in August 1933. To raise employment to the 

level of 1929 or 1931, the peak production years in this industry, 

would r equire the adoption of 18 to 24 hours per week, depending 

upon which year was chosen. Such a limitation would undoubtedly 

be unjust to the manufacturers and to the workers. The increase in 

prices to the consumer would be prohibitive, should such provisions 

be adopted. 

FINDINGS 

The Administrator finds that: 

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Acti including, without limitation , subsection (a) of Section 7, and subsection ( b) of Section 10 

thereof; and that 

(b) The Scientific Apparatus Makers of America, the applicant 

group herein, imposes no inequitable re trictions on admission to 

membership and is truly representative of the Scientific Apparatus 

Industry; and that 

( c) The ode as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate 

(IV) 
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to discriminate aaninst them and will tend to effectuate the policy 0£ 

Title I 0£ the ational Indu trial Recover Act. 

This indu try ha cooperated in a mo t ati factory manner with 

the Admini tration in the preparation of this Code. From evidence 

adduce l during this hearing and from recommendations and reports 

0£ the arious Advi ory Board it i believed that thi Code as now 

l ropo eel and re i ed repre ents an effective practical, equitable 

olution £or thi industr and it approval a herewith submitted is 

recommended. 

Respectfully, 

HucH S. JoH soN, 

Administrator. 
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CODE OF FAIR COMPETITION FOR THE SCIENTIFIC 

APPARATUS INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are submitted as a Code of 

Fair Competition for the Scientific Apparatus Industry, and upon 

approval by the President shall be the standard of fair competition 

for such industry and shall be binding upon every member thereof. 

ARTICLE II-DEFI ITIONS 

1. As used herein, the term "Scientific Apparatus Industry", 

shall be taken to mean the manufacture for sale and the sale as units 

by the manufacturer, and/ or the di tribution of scientific and 

technical apparatus and equipment; such asAstronomical Apparatus. 

Aviation Instruments. 

Bacteriological and Biological Apparatus. 

Chemical Apparatus and supplies (for laboratory use only). 

Combu tion Regulators. 

Combustion Measuring Instruments. 

Controller for Pressure, Temperature, Level, etc. 

CO and CO2 Meters. 

Electrical l\leasuring Instruments. 

Flow Meters and Fluid Meters. 

Gas Analysis Instruments. 

Glassware, optical and fabricated laboratory. 

Hardness Testers. 

Hydrometers. 

Hygrometers and Humidity Instruments. 

Laboratory Equipment, Furniture, and Accessories. 

Liquid LeYel Gages, industrial 

Metallurgical Instruments 

l\leteorological Instruments 

Nautical Instruments 

Operation Recorders 

Optical Instruments 

Physical, Physiological, and Psychological Instruments and Apparatus 

Porcelain (Laboratory and Technical) 

Pressure and Vacuum Gages 

Physical Testing Instruments and Apparatus 

Pyrometers 

Recording, Indicating, and Controlling Instruments 

Regulators 

Resistance Meters 

Scientific and Analytical Balances 

Surve} ing, Engineering, and Drafting Instruments and Blueprint and 

Similar Reproduction Papers 

Tachometers, industrial 

Thermometers 

(1) 
2 

and like instruments and equipment for scientific or technical use; 

but exclusive of opthalmic instruments. 

(a) The provisions of this Code shall not be so interpreted as to 

conflict with the provisions of the Retail Code. 

2. The term ' employee' as used herein includes any .Person engaged in any phase of the industry, in any capacity, receiving compensation for his services, irrespective of the method of payment 

of such compen ation, and shall include all proprietors, partners, 

supervisors, and foremen when actually engaged in productive work. 

3. The term employer' as used herein includes any · person engaged in the manufacture and/or distribution of the products of 

the cientific Apparatu Industry. 

4. The term ,: member of the industry " as u ed herein includes 

anyone engaged in the indu try as defined above. 

5. The terms Pre ident ', 'Act", and Admini trator ' as used 

herein shall mean, respectively, the President of the United States, 

the ational Industrial Recovery Act, and the Administrator of 

said Act. 

RTICLE III-HOURS 

1. No employee, except outside salesmen, engaged by any employer 

in any office, or in any accounting, clerical, service, or sales department shall be employed for more than forty (40) hours in any one 

week, except as provided in subparagraphs 2, 3, 4, 5, and 6. 

2. No factory or mechanical worker or artisan shall be employed 

for more than a maximum week of forty ( 40) hours, except as provided in subparagraphs 4 and 6. 

3. The maximum hours fixed in the foregoing paragraphs shall not 

apply to employees in a managerial or executive capacity, nor to 

planners, technical and re earch engineers who receive $35.00 per 

week or o-ver. 

4. Employees on emergency repair and maintenance work, or in 

special instances where the restrictions of hours of highly skilled 

workers would unavoidably reduce production or limit the work 

available to other workers, may work not more than forty-eight ( 48) 

hour per week, provided that at least time and one half shall be 

paid for hours worked in excess of forty ( 40) hours per week. 

5. Watchmen, janitors and elevator operators may be employed in 

pair or shifts and shall work not more than thirty-six (36) and 

forty-eight (48) hours on alternate weeks or an average of forty-two 

( 42) hours per week per man. 

6. To care for ea onal or peak demands employees mentioned in 

paragraphs 1 and 2 may work for not more than forty-eight (48) 

hours per week for periods aggregating not more than six we ks in 

any ix month 'period provided that at least time and one half shall 

be paid to empl yees mentioned in paragraph 2 for all hour per 

week over forty ( 40). 

7. o em1 lo e hall work or be permitted to work for a t tal 

number of hour in exce of the number of hours herein prescribed, 

whether he b mployed by one or more employers. 
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ARTICLE IV-WAGES 

1. No employee shall be paid less than at the rate o:f fifteen dollars 

($15.00) per week for forty ( 40) hours ( or thirty-seven and one half 

cents (371⁄2¢) per hour), except as provided in paragraph 2 and 3. 

2. Factory, mechanical workers, and artisans shall be paid not le s 

than forty cents ( 40¢) per hour unle s the hourly rate for the same 

class of work on July 15, 1929, was less than f orty cents ( 40¢) per 

hour, in which latter case employees shall not be paid less than the 

hourly rate on July 15, 1929, and in no eyent le s than 30¢ per hour 

except as provided in paragraph 3 of this Article. 

3. Learners, office boys and girls under eighteen (18) years of age, 

and old or partially disabled employees shall be paid not less than 

80 percent of the minimum wages set forth in paragraphs 1 and 2 

of this Article; but the maximum number of learners and office boys 

and girls and old or partially disabled employees shall not exceed 

in any calendar month five percent of the total number of employees, 

except that where the total number of employees is less than eighty1 four employees may be so clas ified, and where the total number ot 

employees is less than twenty-five (25), three employees may be so 

classified. 

4. This Article establishes a minimum rate of pay, regardless of 

whether an employee is compensated on time rate, or piecework 

performance, or other basis. 

5. Employers shall endeavor to adjust the compensation of employees receiving less than thirty-five dollars ($35.00) per week in 

equitable relation to the minimum rates provided in this Article, 

unless such adjustments have been made subsequent to June 16, 1933. 

6. Female employees performing the same work as male employees 

shall receive the same rates of pay as male employees. 

7. All home work is prohibited after the effective date of this Code. 

ARTICLE V - GENERAL LA.BOR PROVISIONS 

1. No person under sixteen years of age shall be employed in the 

industry, nor anyone under eighteen years of age at operations or 

occupations hazardous in nature or detrimental to health. The Code 

Authority shall submit to the Administrator before January 1, 1934, 

a list of such occupations. In any State an employer shall be deemed 

to have complied with this provision if he shall have on file a certificate or permit duly i sued by the authority in such State empowered 

to issue employment or age certificates or permits, showing that the 

employee is of the required age. 

2. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be 

free from the interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such representatives or 

in self-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 

3. No employee and no one seeking employment shall be required 

as a condition of employment to join any company union or to refrain 

from joining, organizing, or assi:::;ting a labor organization of his 

own choosing, and 

21125°-244-5-33-2 
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4. Emplovers shall comply with the maximum hours of lab&r 

minimum rate of pay. and other condition of employment approved 

or pre cribed b. the Pre ident. 

5. Within each tate thi Code hall not upersede any laws of 

uch State impo ing more stringent requirement on the employer 

regulating the ao-e of employees wage , hours of work, or health. 

fire or general working condition than under this Code. 

6. Employers hall not recla sify emplo ees or duties of occupation performed by employees so as to defeat the purposes of the 

Act. 

7. Each employer shall post and keep posted in con picuous 

places full copies of the wage and hour provisions of this Code . 

.. A.RTICLE VI- AnMINISTRATIO 

To further e:ff ectuate the policies of the Act a Code Authority 

is hereby establi bed to cooperate with the Administrator in the 

administration of this Code. 

SECTIO.i: 1. Organization and constitution of Code Authority. 

(a) The Code Authority shall consi t of nine members of the 

indu try or such other number as may be approved from time to time 

by the A.dmini trator to be selected by a fair method of selection. 

The President, in his di cretion, may appoint not more than three 

additional member , without vote, to represent the Administrator or 

such group or interests as may be designated. 

(b) The Code Authority shall be selected from the following sections of the Scientific Apparatus Industry: 

Indu trial In truments 

Clinical Thermometers 

.Automatic Controls 

Optical In truments 

.Aeronautical, Nautical, and Military 

In ... trument 

Laboratory Suppliers 

Laboratory Furniture 

Surveying, Drafting, Coaters 

( c) A conditions may warrant or make de irable, new sections 

may be added or any or all of the above-mentioned ection may be 

combined or aboli hed. 

( d) Each ection shall elect its own Executive ommittee annually and a the general planning and coordinating agency of the 

particular section it hall be charged with the following duties: 

(1) Th election of a :Manager through whom it may discharge 

any of it function the manager to be representative of the Section 

in all dealing with Go ernmental Authorities and to make uch 

agreem nt with uch Authoritie in behalf of the Section as may 

b advi abl and/ or nece ary ubject to rule worked out b the 

e tional E e utive ommittee. 

(2) Re ei ing and tran mittin()' to the od Authority uch report and re ord a may be nece ar to eff ct the purpo es of this 

o u h rep rt and record to be held in tri t onfidence by the 

Mana()' r and no to be acce ible to an other m mber except such 

inf rmation a i authorized for di tribution to th indu try or to 

the public. 

(e) Ea h ec ion ma be indep nd n and elf-0' v rning with 

re pect to all onditions and probl ms r lating ex lu i ely to the 
5 

said section, subject to the approval of the uthority and the 

Administrator. 

(f) Propo als in respect to matters aff cting mor than on section may be initiated by any ection affected, an 1 hall b sub- mitted for con ideration to the Code \.ut 1ority and the ectional 

Executive Committees affected thereb and with the apprm: al of 

the Administrator such propo al shall be binding upon the proposing Section and all other ections thereby affected. 

SEC. 2. The Scientific Apparatus l\1akers of America shall be the 

agency under the Code Authority for administering the provi ions 

of this Code. The Association hall (a) impo e no inequitable restrictions on membership, and (b) submit to the Admini trator true 

copies of its Articles of A sociation, Bylaws, Regulation , and any 

amendments when made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem necessary to effectuate the purpo es of the Act. 

SEc. 3. In order that the Code Authority shall at all times be truly 

repre entative of the Indu try, and in other respects comply with the 

provisions of the Act, the Administrator may provide such hearings 

as he may deem proper; and thereafter, if he finds that the Code 

Authority is not truly representative or does not in other respects 

comply with the provisions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority. 

SEc. 4. The Code Authority shall have the following duties and 

powers to the extent permitted by the Act, subject to the right of the 

Administrator on review to disapprove or modify any action taken 

by the Code Authority: 

(a) Collect and receive reports; such reports to be held in confidence, except for such information as is authorized for distribution 

to the entire industry. 

(b) Forward the necessary substance of reports to the Pre ident, 

as may be required by the Administrator. 

( c) Make recommendations to the Administrator. 

( d) Ad.m:i_nister this Code of Fair Practices within the indu try. 

( e) Administer such fiscal policy and affairs within the industry 

as may be necessary to the formulation and continued application 

of this Code. 

SEc. 5. No inequitable restrictions on ad.mission to membership in 

the "Scientific Apparatus Makers of America", or any other trade 

association or organized group, participating in the activities of the 

Code Authority shall be impo ed, and any member of the industry 

shall be eligible for membership in any such trade as ociation or 

organized group upon compliance with the provisions of the bylaws 

relating to membership provided that any per on appl ing for 

such membership shall in addition to the payment of such dues as 

are imposed and paid by all other members, accept a rea on.able and 

equitable share of the cost of code development and administration. 

Such members of the industry who do not choo e to become members 

of any trade association or organized group may participate in the 

activities of the Code Authority as herein provided by paying to 

the Code Authority such proportionate part of the cost of code 

development and admini tration as the Code Authorit . ubject to 

the Administrator's approval, shall prescribe as fair and equitable. 
6 

SEc. 6. In addition to the information required to be submitted to 

the Code Authority there shall be furnished to the Administrator 

such statistical information as he may deem necessary for the purposes recited in Section 3 (a) of the Act. 

ARTICLE VII-TRADE PRACTICES 

1. The following provisions shall apply to all sections 0£ this 

industry but only to business done in continental United States and 

its territories, and not to its insular possessions, and not to exports to 

foreign countries. 

2. Price Lists and Discount Sheets.-When the Manager determines that its is the general practice to sell any specified product on 

the ba is of published net price list, or price lists with discount sheets, 

each employer shall-

( a) "':Vi thin ten days after notice from the Manager, file with him 

a statement of sales policy, including prices, discounts, and conditions of sale to all recognized classes of buyers. 

(b) Not file any net price on any such product which is below 

the cost of production as ascertained by a uniform cost-accounting 

system to be adopted by the section and approved by the Administrator; provided, however, that any member of the section may sell 

below his cost of production to meet price competition in any specific 

instance by selling his product at a price not less than the lowest 

price of a comparable item on file with the Manager. 

( c) When prices or discounts are changed, revised price lists 

and/or discount sheets shall be filed with the Manager, to become 

effective within a reasonable time, but in no case later than fifteen 

(15) days after receipt of said price list and/or discount revisions. 

3. Standard fonns and rnethods of bidding.-Each section may 

from time to time adopt (a) standard forms of bids proposals, contracts, guarantees, terms of sale, and similar standard forms, and 

(b) standard methods of bidding, settlement of insolvent accounts, 

and similar items. vVhen such standard forms or methods are 

adopted by the Section and approved by the Administrator the 

scope and extent of their use shall be as specified, and they shall be 

com1nonly and uniformly used by all em players in the section. 

4. These practices described in the following subparagraphs are 

declared to be unfair. 

(a) Bids and quotations.-N o employer shall: 

(1) Quote a total price on any schedule of products which does 

not show, or ·which is lower than the sum of the regular unit prices 

of the articles comprising the schedule; unless the reduction is in 

accord with his regularly published discounts and/or terms; 

(2) Attempt to have all bids rejected to the end that a more advantag ous position may be secured in the new bidding; 

(3) Offer credits, allowances, or discounts, for the purpose of 

altering retroactively a quoted price or of creating price discriminations; 

(4) Sell or offer £or sale special products which are not covere l 

by his publish d price li t, at net prices more favorable to the purcha er than the lowest published net price of a similar stock item 

of comparable grade. 
7 

( 5) Sell, or offer for sale, dropped lines, obsolete products, or 

inventories which mu t be converted into cash, except as approved 

by the Manager. Dama o-ed or discontinued items may be sold 

singly and not a part of a bid, but no such products shall be included 

in a bid with reo-ularly Ii. ted items. 

(6) Submit deceptive or misleading bids to secure the award as 

low bid ler and subsequently make changes in materials, finish, 

transportation allowance , installation charges, or any other changes 

from original bid or proposals. 

(7) Guarantee a bid against a change in price beyond a maximum 

of sixty days. 

(b) Guarantees.- o employer shall promise a better performance 

nor make a higher guarantee than experience in the art and his 

experience will warrant. 

( c) Special Allowances.-N o employer shall grant, or offer to 

grant, secret rebates, refunds, or special privileges. 

(d) Commercial Bribery.-No employer shall-

( 1) Gives or offer to give money or other Yaluable considerations 

to customers or prospective customers ( or their agents or representatives) for the purpose of influencing their good will or purchases, 

or to employees of competitors; provided nothing herein shall be interpreted as prohibiting free and general distribution of articles 

commonly used for advertising. 

(2) Pay fees, royalties, or other valuable consideration to any 

persons in the employ of a purchaser or prospective purchaser, for 

the purpose of influencing the good will and/ or purchases of such 

employee or his or her employer. 

(3) Employ "local agents" to supplement regular salesmen, distributors, or resident agents with the intent of exerting improper 

local influence on a prospective customer. 

(e) Other Unfair Practices.-No employer shall: 

(1) Render a false or misleading invoice or credit. 

(2) Induce or attempt to induce the breach of existing contracts 

between competitors and their customers by any false or deceptive 

means whatsoever, or interfere with or obstruct the perform.ance 

of any such contractual duties or services, by any such means with 

the purpose of unduly hampering, injuring, or embarrassing competitors in their business. 

(3) Deceitfully defame the character, ability, credit standing, or 

other attributes of a competitor, or falsely disparage the- quality 

of his products or service. 

( 4) Deceitfully imitate the design, lot number, product number, 

style pattern, trade mark, trade name, slogan, illustration, descriptive 

text, or other marks of identification of any competitor's products. 

(5) Publish false information regarding the products of his own 

or of his competitor, by word of mouth or otherwise. 

( 6) Circulate threats of suit for infringement of patents or trade 

marks among customers of a competitor for the purpose of harassing 

and intimidating customers, and not in good faith. 

(7) Accept bonds, stocks, or other evidences of ownership, 

doubtful value, in partial or full payment for employer's products, 

unless such be accepted at their current· open market value, or unless 

accepted in settlement of insolvent accounts; 
I 

8 

·(s) I{nowingly ship or deliver products which do not conform to 

the samples submitted or representations made prior to securing the 

order. 

ARTICLE VIII-MonIFICATION 

1. This Code and all the provisions thereof are expressly made 

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of Title I of the National 

Industrial Recovery Act, from time to time to cancel or modify 

any order, approval, license, rule, or regulation issued under Title I 

of said Act and specifically, but without limitation, to the right of 

the President to cancel or modify his apprm al of this Code or any 

conditions imposed by hjm upon his approval thereof. 

2. This Code, except as to provisions required by the Act, may be 

modified on the basis of experience or changes in circumstances, such 

modification to be based upon application to the Administrator and 

such notices and hearing as he shall specify, and to become effective 

on approval of the President, unless otherwise provided. 

ARTICLE IX-~10NOPOLIES, ETC. 

No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE X-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and services increase as rapidly as wages, it is recognized that price increases 

should be delayed and that, when made, the same should, so far as 

reasonably possible, be limited to actual increases in the seller's costs. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

ARTICLE XII-SUPPLEMENTARY PROVISIONS 

The following schedules (A, B, C, and D, inclusive) are supplementary to, and constitute part of, the Code of Fair Competition for 

the Scientific Apparatus Industry. Such schedules apply only to 

those particular sections indicated by the specific heading . 

Any provision of any supplementary Code, that may be inconsistent with the provisions of the General Code, shall prevail. 
S HEDULEJ A 

SUPPLEMENTARY CODE FOR THE I DUSTRIA.L l STRUMENT SECTION 

1. Bi<ts and Quotations.-(a) o employer shall sell, or offer to ell, directly 

or indirectly, any product of the indu try covered by the provi ions of the General Code, paragraph 3, Article II, at a price lower or at a di count greater 

or on more fa orable term of payment than those provided in bi current 

price li t and discount sheet ; except an employer may sell below his pubIi hed net price, but not below the lowe t published ntt price filed with Manager and then in effect, in order to meet e:xi ting competition on products of 

equivalent design, character, quality, or specification , provided a true copy 

or ab tract of such quotation 4all, after the bu ine ~ ha been placed or 

definitely abandoned, be sent to the ~lanager, unle s the bid. ha Ye already been 

officially made public. 

(b) .A.11 quotations and/or billings specifying the labor of in tallation or 

supervision of the product hall include a charge of not le s than '15.00 per 

man-day, or proportionate amounts thereof for portions of a day, plus traYeling expenses or a pro rata share of such expenses where more than one call 

is made per day. 

(c) It is the policy of the Indu try that all bids, proposal , or contracts hall 

be terminated within ninety (90) days after the effective date, or revised in 

a ccordance with the provision of this Code. 

( d) Allowances for old apparatus taken in part payment for new shall be 

subject to the following limitation : 

(1) The old apparatus hall not exceed in quantity and shall be equivalent in type to the new. 

(2) The price allowed for the old apparatus shall not exceed 10 percent 

of the prevailing price of like, new apparatus; or if more than 10 percent, 

shall be not more than the fair cash market ,alue. 

2. Terms of Sale.-Tbe terms of ale of each employer hall be uniform and 

uniformly applied. All quotations shall be f.o.b. shipping point or tran portation 

char es hall be added. Cash di. counts shall not exceed one percent for cash 

in ten days or les time. The Section E:s::ecutirn Committee hall formulate, 

and may from time to time amend, provisions covering term of ~ale. 

3. Warranty.- To employer shall guarantee more in regard to the material, 

workmanship, or de ign of his equipment than is done by the following tandard 

warranty: 

"We "Warrant each new in trument manufactured and/or old by us to be 

free from defects in material, workman hip, and de ign; our obligation under 

this warranty being limited to repairing or replacing any in trument or part 

thereof which shall, within one year after delivery to the original purchaser, 

prove by our examination to be thus defective." 

4. Service Oharges.-Unle s the sellers product or instructions pertaining 

thereto i at fault, when service is r quested by the cu tomer, a charge of not 

less than $15.00 per man-day or proportionate amount thereof for a portion ot 

a day plus traveling expenses, or a pro rata share of uch expenses where more 

than one call i made per day, mu t be made for adju tment or repair service. 

(9) 
SCHEDULE B 

SUPPLEMENTARY CODE FOR THE CLINICAL THERMOMETER SECTION 

The following rules are a part of this Code as regards the ethics of the 

Industry. It is understood and agreed that violation of any rule is a violation of the Code and constitutes unfair competition. 

ARTICLE I-DEFINITIONS 

1. A clinical thermometer blank is the complete clinical thermometer tube 

blown, tested for scale and ready to be calibrated and sealed. 

2. A blankmaker is one who manufactures clinical thermometer blanks. 

ARTICLE II-STA "DAROS 

1. Each clinical theremometer manufactured or sold by an employer shall 

conform in all respects with Commercial Standards CS 1-32 issued by the 

Bureau of Standards of the United States. The process of seasoning shall 

be deemed to have commenced at the time at which the blank is finished. 

2. Each clinical thermometer sold by an employer shall have permanently 

etched upon it the name or trade name and/or trade mark of the employer 

who engrave it as a fini hed instrument. Trade names and/or trade marks 

for this purpo. e shall be recorded with the Manager of the Section for 

identification. No clinical thermometer shall be marked with any other 

name or mark except as otherwise provided by State laws. 

3. Each Clinical Thermometer must be accompanied by a certificate bearing 

the manufacturer's name and guarantee that the clinical thermometer to which 

it applies conforms to Commercial Standards CS 1-32 of the Bureau of Standards of the United States. 

4. Blanks which are rejected by the purchaser for defects not possible of 

repair shall be so marked by file, knife, or saw on the lens by such purchaser 

as to make resale impossible. The vendor and purchaser shall first agree as to 

the imposs:bility of repair. 

5. No importing distributor shall sell or offer for sale any blanks, or finished 

clinical thermometers on which the name of the manufacturer and country of 

origin are not permanently and legibly etched. 

6. Each employer shall file with the Manager, within thirty (30) days after 

the effective date, a schedule of bis minimum list prices with discounts from 

same or net price , for quantity or class of trade. No reduction of minimum 

list prices with discounts from same or net prices shall be permitted while 

same are in effect. It shall be permitted, however, to file new minimum list 

prices with discounts from same, or net prices from time to time provided that 

no sale at the new figure shall be effected until at least ten (10) days have 

elapsed from the date of receipt by the Manager, of the revised minimum prices. 

7. Each clinical thermometer blankmaker shall file with the Manager the 

minimum selling price at which be sells blanks. All blanks shall be seasoned 

for one month by the blankmaker, this provision to become effective on and 

after January 1, 1934. 

(10) 
SCHEDULE 0 

SUPPLEMENTARY CODE FOR THE LABORATORY SUPPLIES SECTION 

A.RTIOLEJ I-DEFINITIONS 

For tlle purpo ·e , of administering these rules, the following definitions apply: 

1. A Conswner i an individual, firm, corporation, institution, establishment, 

or a Federal, state, municipal, or other governmental department, purchasing 

goods for bis or its own use and consump tion and not for resale. 2. A D ealer is a firm, corporation, or individual who carries a stock of laboratory apparatus and supplies sufficient to offer a distribution ervice of obvious 

economic value to the producer and to the consumer. 

3. A Wholesaler is a dealer who carries an adequate stock of laboratory 

apparatus and upplie and who is authorized by manufacturer of trade-marked 

or franchise items to carry out their distribution policies to other dealers, or a 

dealer who sells merchandise under bis own trade mark to other dealers for 

resale. 

4. A Ma1wfacturer's Agent is a firm, corporation, or individual who is the sole 

representative of a manufacturer, domestic or foreign, for a specified di trict. 

ARTICLE II 

1. The retail prices to all consumers shall be the same, both on open orders 

and on competitive bids and shall be the prices established by the individual 

employer in his current list prices and/or discount sheets. They shall apply 

alike on all orders for the same quantity of a g"lven item taken at one time 

and shipped to the same destination. Such prices shall be established independently by each employer. 

(a) No discounts, other than those established for specified packages and 

quantities-and filed in member's current price schedule provided for in Paragraph (b)-sball be allowed because of the purchase at one time of miscellaneous 

assortments of any given value or because of the aggregate value of such orders 

placed over any stated period of time. 

(b) Each employer shall file with the Manager, within thirty days after the 

effective date, a list of his current selling prices and discount sheets for all 

laboratory apparatus and supplies carried in bis stock, listed in his catalog, or 

regularly offered by him for sal , including single, quantity, or package plices 

to consumers. No employer shall sell or offer to sell any product of this 

industry at a price less or on conditions different from those established by 

bis own price lists and discount sheets. ( c) Terms to consumers shall be thirty days net or net payment on the 25th 

proximo. No cash discounts shall be allowed. 

( d) The granting of trade discounts or their equivalent by any manufacturer, manufacturers' agent or wholesaler, to any one in the laboratory supply 

business who shall be found by the Section Administrator to be conducting his 

business in a manner not conforming with this Code, con titutes a violation of 

this Code. 

(e) Nothing in this Code shall be interpreted as interfering with or distm·bing the relations between manufacturers or wholesalers and their chosen 

dealers, when such relations are in accord with the provi ions of this Code ; 

nor so interpreted as to restrict or otherwise obligate any manufacturer or 

wholesaler in the free choice of dealers. 

(f) Allowances for old apparatus taken in part payment for new shall be 

subject to the following limitations: 

(1) The old apparatus shall not exceed in quantity and shall be equivalent in type to the new. 

(2) The prke allo"·ed for the old apparatus shall not exceed ten percent 

of the prevailing price of like new apparatu'-', or if more than ten percent, it 

shall be not more than the fair cash market value. 

(11) 

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SCHEDULED 

SUPPLEJME1NTA&Y CODJlJ FOR THE! LABOB.ATORY Fu&NITUREl 1\1.A.NUF.A.CTURERS' SECTION 

D efinition.-The term "Laboratory Furniture", as used herein, means the 

following products ( made of wood or metal or both) with accessories. 

I. Science Furniture and Equipment for laboratory use. 

(a) Specialized laboratory furniture, with or without fittings and 

acces ories. 

(b) General science and physics laboratory tables, with or without fittings and accessories. 

(c) Biology and agricultural tables. 

(d) Chemistry and combination science tables and fume hoods. 

( e) Dental, medical, and pharmacy laboratory ta bles. 

(f) General laboratory furniture. 

(g) Cases and cabinets for science laboratories and displays. 

(h) Industrial laboratory tables. 

(i) Electrical laboratory furniture. 

II. Vocational Furniture and Equipment for laboratory use 

(a) Art furniture. 

(b) Woodworking and metal shop furniture. 

III. Home Economic Furniture and Equipment for laboratory use. 

(a) Domestic Science and diet~tic laboratory furniture. 

(b) Sewing room furniture and equipment for laboratory use. 

( c) Educational classroom tables. 

IV. Commercial Furniture for educational uses. 

(a) Bookkeeping and typewriting room furniture. 

V. Pharmacogno y desk and tables for laboratory use. 

VI. Chairs and Stools for laboratory use. 

(a) Chairs attached by mechanical means to fixed or movable furniture. 

(b) Automatic adjustable stools and chairs. 

T erms of Sale.-Terms shall be 30 days net, except when otherwise specified 

by contract. 

No cash discounts shall be allowed. If terms in excess of 30 days are allowed 

or full payment is not made in 30 days, interest at the rate of 6 percent, or less 

if so provided by State law, shall be charged for any balance unpaid after 

80 days. 

Trade Practices .-The following shall be unfair trade practices. 

1. To discriminate either directly or indirectly in the pric s charged to any 

purchaser. 

2. The prepayment of freight or express charges without charging therefor, or 

the in tallation of equipment, at the expense of the manufacturer, with the 

intent or with the effect of granting di criminatory credit or otherwi e. 

3. ubmi ion of full-size samples of either stock or special items for the 

insp ction of pro pective cu tom rs, except in the re ularly maintained di9Play 

room of the manufacturer or bi agent, in lieu of d mon trating section . 4. The making of plans, drawings or layouts, and/or specifications for distribution by the pro pective cu t mer to c mpeting employers for the purpose ot 

obtaining competitive bid , without bona fide a!!T emcnt with the pro pective 

cu tomer to pay the originat r of aid plan , drawing , layouts, and/or specifications an amc;unt not 1 than the actual cost of u b ervice. 

5. Ent ring into "T rm ontra t ' vering a d finite period of time for 

indefinite quantiti of furniture, with ut provi i n for reimbursement for actual 

increa e in cost of both labor and mat rial ver tho. e rurr nt at time contract 

is a · pted. 

6. The giving of guarantee on equipment in exce of a one-year guarantee 

again t d f tive mat rial nnd workman hip. 

(12) 

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UNIVERSITY OF FLORIDA 

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