reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50. AUTOMOBILE WARRANTIES › § 5001. Definitions.

§ 5001. Definitions.
As used in this chapter:
(1) “Automobile” means any passenger motor vehicle which is leased or bought in Delaware or registered by the Division of Motor Vehicles in the Department of Transportation except the living facilities of motor homes.
(2) “Consumer” means the purchaser, other than for purposes of resale, of an automobile; a person to whom an automobile is transferred during the duration of an express warranty applicable to the automobile; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty.
(3) “Dealer” means a person actively engaged in the business of buying, selling or exchanging automobiles at retail and who has an established place of business.
(4) “Lien” means a security interest in an automobile.
(5) “Lienholder” means a person with a security interest in an automobile pursuant to a lien.
(6) “Manufacturer” means a person engaged in the business of manufacturing, assembling or distributing automobiles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new automobiles.
(7) “Manufacturer's express warranty” or “warranty” means the written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty.
(8) “Nonconformity” means a defect or condition which substantially impairs the use, value or safety of an automobile.
64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  1;  74 Del. Laws, c. 110, §  1;  80 Del. Laws, c. 213, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50. AUTOMOBILE WARRANTIES › § 5002. Duty to repair nonconforming automobiles.

§ 5002. Duty to repair nonconforming automobiles.
If a new automobile does not conform to the manufacturer's express warranty, and the consumer reports the nonconformity to the manufacturer or its agent or dealer during the term of the warranty or during the period of 1 year following the date of original delivery of an automobile to the consumer, whichever is earlier, the manufacturer shall make, or arrange with its dealer or agent to make, within a reasonable period of time, all repairs necessary to conform the new automobile to the warranty, notwithstanding that the repairs or corrections are made after the expiration of the term of the warranty or the 1-year period.
64 Del. Laws, c. 173, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50. AUTOMOBILE WARRANTIES › § 5003. Remedies upon failure to repair.

§ 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 either replace the automobile with a comparable new automobile acceptable to the consumer or repurchase the automobile from the consumer and refund to the consumer the full purchase, including all credits and allowances for any trade-in vehicle; provided, however, that the consumer shall have the unqualified right to decline a replacement automobile and to demand instead a repurchase.
(b) In instances in which an automobile is replaced by a manufacturer under this section, said manufacturer shall accept return of the automobile and reimburse the consumer for any incidental costs, including dealer preparation fees, fees for transfer of registration, sales taxes or other charges or fees incurred by the consumer as a result of such replacement. In instances in which an automobile which was financed by the manufacturer or its subsidiary or agent is replaced under this section, said manufacturer, subsidiary or agent shall not require the consumer to enter into any refinancing agreement for a replacement automobile which would create any financial obligations upon such consumer beyond those created by the original financing agreement.
(c) In instances in which a refund is tendered under this section, the manufacturer shall accept return of the automobile from the consumer and shall reimburse the consumer for related purchase costs, including sales taxes, registration fees and dealer preparation fees, less:
(1) A reasonable allowance for the consumer's use of the automobile, not to exceed the full purchase price of the automobile multiplied by a fraction which consists of the number of miles driven before the consumer first reported the nonconformity to the manufacturer, its agent or dealer divided by 100,000 miles; and
(2) A reasonable allowance for damage not attributable to normal wear and tear, but not to include damage resulting from a nonconformity.
(d) Refunds shall be made to the consumer, and lienholder, if any, as their interests may appear.
(e) No authorized dealer shall be held liable by the manufacturer for any refunds or automobile replacements in the absence of evidence indicating that dealership repairs have been carried out in a manner inconsistent with the manufacturer's instructions.
64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50. AUTOMOBILE WARRANTIES › § 5004. Presumptions.

§ 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 motor vehicle to a consumer, whichever is the earlier date:
(1) Substantially the same nonconformity has been subject to repair or correction 4 or more times by the manufacturer, its agents or its dealers and the nonconformity continues to exist; or
(2) The automobile is out of service by reason of repair or correction of a nonconformity by the manufacturer, its agents or its dealers for a cumulative total of more than 30 calendar days since the original delivery of the motor vehicle to the consumer. This 30-day limit shall commence with the first day on which the consumer presents the automobile to the manufacturer, its agent or dealer for service of the nonconformity and a written document describing the nonconformity is prepared by the manufacturer, its agent or dealer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer, its agents or its dealers, including war, invasion, strike, fire, flood or other natural disaster.
(b) The presumption provided in this section shall not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to repair or correct the nonconformity; provided, however, that if the manufacturer does not directly attempt or arrange with its dealer or agent to repair or correct the nonconformity, the manufacturer may not defend a claim by a consumer under this chapter on the ground that the agent or dealer failed to properly repair or correct the nonconformity or that the repairs or corrections made by the agent or dealer caused or contributed to the nonconformity.
64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  4;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50. AUTOMOBILE WARRANTIES › § 5005. Costs and attorneys' fees in breach of warranty actions.

§ 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 connection with the sale of such automobile, the court, in its discretion, may award the plaintiff's costs and reasonable attorney's fees or, if the court determines that the action is brought in bad faith or is frivolous in nature, may award reasonable attorney's fees to the defendant.
64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50. AUTOMOBILE WARRANTIES › § 5006. Affirmative defense to claim.

§ 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 unauthorized modifications or alterations of the new automobile by anyone other than the manufacturer, its agent or dealer.
64 Del. Laws, c. 173, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50. AUTOMOBILE WARRANTIES › § 5007. Informal dispute settlement procedure.

§ 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 not first resorted to such procedure. In the event a manufacturer's informal dispute settlement procedure does not have a certificate of approval from the Division of Consumer Protection, a consumer may immediately and directly seek the remedies provided by this chapter.
(b) The Division of Consumer Protection shall annually evaluate the operation of informal dispute settlement procedures established by manufacturers and shall issue an annual certificate of approval to those manufacturers whose procedures comply with Title 16, Code of Federal Regulations, Part 703 and with subsections (c), (d) and (e) of this section. The Division of Consumer Protection shall suspend the certification of, or decertify, any informal dispute settlement which no longer complies with said provisions.
(c) Any manufacturer who has established an informal settlement procedure shall file with the Division of Consumer Protection a copy of each decision of the informal dispute settlement procedure within 30 days after the decision is rendered.
(d) In order to obtain the certification of the Division of Consumer Protection, a manufacturer's informal dispute settlement procedure shall not convene any informal dispute settlement hearing or meeting outside the State and shall refrain from any practices which:
(1) Delay a decision in any dispute beyond 65 days after the date on which the consumer initially resorts to the informal dispute settlement procedure by written notification that a dispute exists; or
(2) Delay performance of remedies awarded in a settlement beyond 30 days after receipt of notice of the consumer's acceptance of the decision; provided, however, that such time limits shall not include periods of time when the consumer or the consumer's car is unavailable for the remedies specified in the settlement; or
(3) Require the consumer to make the automobile available more than once for inspection by a manufacturer's representative or more than once for repair of the same nonconformity; or
(4) Fail to consider in decisions any remedies provided by this chapter, such remedies to include:
a. Repair, replacement and refund;
b. Reimbursement for related purchase costs; or
(5) Require the consumer to take any action or assume any obligation not specifically authorized under the provisions of Title 16, Code of Federal Regulations, Part 703.
(e) A manufacturer desiring annual certification of an informal dispute settlement procedure shall make application to the Division of Consumer Protection on forms developed by, and shall provide such information as required by, the Division of Consumer Protection.
64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  6;  69 Del. Laws, c. 291, §  98(c);
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50. AUTOMOBILE WARRANTIES › § 5009. Enforcement.

§ 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 implement the purposes of this chapter.
64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  7;  69 Del. Laws, c. 291, §  98(c);
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50A. FARM EQUIPMENT WARRANTIES › § 5001A. Definitions.

§ 5001A. Definitions.
As used in this chapter:
(1) “Consumer” means a purchaser, other than for purposes of resale, of a new farm tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor and any other person entitled by the terms of the warranty to enforce the terms of the warranty. In the case of an agricultural vehicle within the warranty period, the sale must be made through an authorized farm equipment dealer.
(2) “Fair rental value” means the rental value calculated in accordance with the “Tractor and Farm Equipment Trade-In Guide” published by the National Farm and Power Equipment Dealers Association.
(3) “Farm tractor” means any self-propelled vehicle which is designed primarily for pulling or propelling agricultural machinery and implements and is used principally in the occupation or business of farming, including an implement of husbandry that is self-propelled.
(4) “Manufacturer” means a person engaged in the business of manufacturing, assembling or distributing farm tractors, who under normal business conditions during the year manufacturers, assembles, or distributes to dealers at least 10 new farm tractors.
(5) “Manufacturer's express warranty”; “warranty” mean the written warranty of the manufacturer of a new farm tractor of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty.
(6) “Nonconformity” means any condition of the farm tractor that makes it reasonably unsuitable to use for the purpose for which it was intended.
(7) “Reasonable allowance for prior use” shall mean no less than the fair rental value of the fair tractor and shall be the sum of:
a. That amount attributable to use by the consumer prior to the consumer's first report of the nonconformity to the manufacturer or its authorized dealers;
b. That amount attributable to use by the consumer during any period subsequent to such report of the reported nonconformity; and
c. That amount attributable to use by the consumer of the farm tractor provided by the manufacturer or its authorized dealers while the farm tractor is out of service by reason of repair of the reported nonconformity.
66 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50A. FARM EQUIPMENT WARRANTIES › § 5002A. Notice to consumer.

§ 5002A. Notice to consumer.
At the time of purchase the manufacturer must provide directly to the consumer a written statement on a separate piece of paper, in 10-point all capital type, in substantially the following form:
“IMPORTANT:
IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO REPLACEMENT OF IT OR A REFUND OF ITS PURCHASE PRICE. HOWEVER, TO BE ENTITLED TO REFUND OR REPLACEMENT, YOU MUST FIRST NOTIFY THE MANUFACTURER, ITS AGENT OR ITS AUTHORIZED DEALER OF THE PROBLEM IN WRITING AND GIVE THEM AN OPPORTUNITY TO REPAIR THE VEHICLE.”
66 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50A. FARM EQUIPMENT WARRANTIES › § 5003A. Manufacturer's duty to repair.

§ 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 year following the date of the original delivery of the farm tractor to the consumer, whichever is earlier, the manufacturer or its authorized dealers shall make the repairs necessary to make the farm tractor conform to the express written warranties, notwithstanding that the repairs are made after the expiration of the warranty term or the 1-year period. For a self-propelled vehicle this section is limited to warranties on the engine and power train.
66 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50A. FARM EQUIPMENT WARRANTIES › § 5004A. Manufacturer's duty to refund or replace.

§ 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 of the farm tractor to the consumer within the time periods and after the number of attempts specified in subsection (b) of this section, the manufacturer, through its authorized dealer who sold the farm tractor, shall, at the option of the consumer, replace the farm tractor with a comparable one, charging the consumer only a reasonable allowance for the consumer's use of the farm tractor, or accept the return of the farm tractor from the consumer and refund to the consumer the cash purchase price, including sales tax, license fees, registration fees and any similar governmental charges, less a reasonable allowance for prior use. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear in the county recorder of deeds and/or Secretary of State's office. If no replacement or refund is made, the consumer may bring a civil action to enforce the obligation. No action may be brought unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has been offered an opportunity to cure the condition alleged within a reasonable time that is not to exceed 60 business days. For a self-propelled vehicle, this section is limited to warranties on the engine and power train.
(b) The replacement or refund obligation specified in subsection (a) of this section shall arise if the manufacturer or its authorized dealers are unable to make the farm tractor conform to applicable express written warranties within the express written warranty term or during the period of 1 year following the date of the original physical delivery of the farm tractor to the consumer, whichever is the earlier date, and (1) the same nonconformity has been subject to repair 4 or more times by the manufacturer or its authorized dealers, but such nonconformity continues to exist; or (2) the farm tractor is out of service by reason of repair of the same nonconformity for a cumulative total of 60 or more business days when the service department of the authorized dealer in possession of the farm tractor is open for purposes of repair, provided that days when the consumer has been provided by the manufacturer or its authorized dealers with the use of another farm tractor which performs the same function shall not be counted.
66 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50A. FARM EQUIPMENT WARRANTIES › § 5005A. Extension of warranty.

§ 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, invasion or strike, or fire, flood or other natural disaster.
66 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50A. FARM EQUIPMENT WARRANTIES › § 5007A. Limitation of actions.

§ 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 later.
66 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50A. FARM EQUIPMENT WARRANTIES › § 5009A. Rules and regulations; evaluation of procedure.

§ 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 utilized or sought to be utilized under this chapter complies with the Code of Federal Regulations, Title 16, Part 703.
66 Del. Laws, c. 57, §  1;  69 Del. Laws, c. 291, §  98(c);
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50B. ASSISTIVE TECHNOLOGY DEVICE WARRANTIES AND CONSUMER PROTECTION › § 5002B. Express warranties.

§ 5002B. Express warranties.
(a) A manufacturer who sells or leases a new assistive technology device to a consumer, either directly or through an assistive technology device dealer or lessor, shall furnish the consumer with an express warranty that the assistive technology device will be free from any defect or condition that substantially impairs the use, value or safety of the assistive technology device. The duration of the express warranty must not be less than 1 year after first possession of the assistive technology device by the consumer. The duration of the express warranty 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, invasion, or strike, fire, flood, or other natural disaster.
(b) If a new assistive technology device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive technology device lessor, or any of the manufacturer's authorized assistive technology device dealers and makes the assistive technology device available for repair before 1 year after first possession of the device by the consumer, the nonconformity must be repaired or replaced at no cost to the consumer.
(c) If a manufacturer fails to furnish an express warranty as required by this section, the assistive technology device shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this section.
(d) A manufacturer may provide any express warranty in addition to the express warranty required by this section; provided, however, that no term of any additional express warranty is inconsistent with, or in any way limits the applicability of, the warranty required by this section.
74 Del. Laws, c. 278, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50B. ASSISTIVE TECHNOLOGY DEVICE WARRANTIES AND CONSUMER PROTECTION › § 5003B. Notice to consumer.

§ 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:
“IMPORTANT:
IF THIS DEVICE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO REPLACEMENT OF IT OR A REFUND OF ITS PURCHASE PRICE. HOWEVER, TO BE ENTITLED TO REFUND OR REPLACEMENT, YOU MUST FIRST NOTIFY THE MANUFACTURER, ITS AGENT OR ITS AUTHORIZED DEALER OF THE PROBLEM AND GIVE THEM AN OPPORTUNITY TO REPAIR THE DEVICE IN ACCORDANCE WITH TITLE 6, CHAPTER 50B.”
74 Del. Laws, c. 278, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50B. ASSISTIVE TECHNOLOGY DEVICE WARRANTIES AND CONSUMER PROTECTION › § 5004B. Replacement or refund.

§ 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 consumer and to a holder of a perfected security interest in the consumer's assistive technology device, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale and collateral costs; or
(2) Accept return of the assistive technology device, refund to the assistive technology device lessor and to a holder of a perfected security interest in the assistive technology device, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus collateral costs; or
(3) Accept return of the assistive technology device upon delivery to the consumer of a comparable new assistive technology device.
(b) To receive a comparable new assistive technology device, a consumer shall offer to transfer possession of the nonconforming assistive technology device to the manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new assistive technology device. When the manufacturer provides the new assistive technology device, the consumer shall return the assistive technology device having the nonconformity to the manufacturer, at the manufacturer's expense, along with any endorsements necessary to transfer real possession to the manufacturer.
(c) For the purposes of this section, the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive technology device dealer's early termination costs and the value of the assistive technology device at the lease expiration date if the lease sets forth that value, less the assistive technology device lessor's early termination savings.
(d) No person may enforce the lease against the consumer after the consumer receives a refund.
74 Del. Laws, c. 278, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50B. ASSISTIVE TECHNOLOGY DEVICE WARRANTIES AND CONSUMER PROTECTION › § 5005B. Nonconformity disclosure requirement.

§ 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 buyer or lessee.
74 Del. Laws, c. 278, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50B. ASSISTIVE TECHNOLOGY DEVICE WARRANTIES AND CONSUMER PROTECTION › § 5006B. Availability of other remedies; waivers void; additional relief.

§ 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 rights by a consumer under this chapter is void.
(c) In addition to pursuing other remedies, a consumer may bring an action to recover damages for any damages caused by a violation of this chapter. The court shall award a consumer who prevails in the action twice the amount of any pecuniary loss, together with costs, disbursements, reasonable attorney's fees, and any equitable relief that the court may determine is appropriate.
74 Del. Laws, c. 278, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50B. ASSISTIVE TECHNOLOGY DEVICE WARRANTIES AND CONSUMER PROTECTION › § 5007B. Replacement during repair; reimbursement of rental costs incurred by consumer; penalties.

§ 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 assistive technology dealer from whom it was purchased or exchanged for the repair of a defect, malfunction, or nonconformity to which the warranty is applicable and at least 1 of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period, a replacement assistive technology device or reimbursement for the cost incurred by the consumer for renting a replacement assistive technology device. The applicable conditions are as follows:
(1) The repair period exceeds 10 working days, including the day on which the device is tendered to the dealer for repair; or
(2) The defect, malfunction, or nonconformity is the same for which the assistive technology device has been tendered to the dealer for repair on at least 2 previous occasions.
(b) This section applies for the duration of the manufacturer's express warranty and any extension thereof.
74 Del. Laws, c. 278, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50C. SAFE DESTRUCTION OF RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION › § 5001C. Definitions.

§ 5001C. Definitions.
For purposes of this chapter:
(1) “Commercial entity” means a corporation, business trust, estate, trust, partnership, limited partnership, limited liability partnership, limited liability company, association, organization, joint venture, or other legal entity, whether or not for profit, that transacts business in this State. For the purposes of this paragraph, “transacts business in this State” means the course or practice of carrying on any business activity in this State and includes the solicitation of business or orders in this State.
(2) “Consumer” means an individual who enters into a transaction primarily for personal, family, or household purposes except employees.
(3) “Personal identifying information” means a consumer's first name or first initial and last name in combination with any 1 of the following data elements that relate to the consumer, when either the name or the data elements are not encrypted:
Social Security number; passport number; driver's license or state identification card number; insurance policy number; financial services account number; bank account number; credit card number; debit card number; tax or payroll information or confidential health-care information including all information relating to a patient's health-care history; diagnosis condition, treatment; or evaluation obtained from a health-care provider who has treated the patient which explicitly or by implication identifies a particular patient.
(4) “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form on which personal identifying information is recorded or preserved. “Record” does not include publicly available directories or sources containing information a consumer has voluntarily consented to have publicly disseminated or listed or which is disseminated as provided for by applicable law or regulation, such as name, address, or telephone number, or other directories or sources as are derived solely from such directories or sources.
79 Del. Laws, c. 287, §  1;  80 Del. Laws, c. 21, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50C. SAFE DESTRUCTION OF RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION › § 5002C. Safe destruction of records.

§ 5002C. Safe destruction of records.
In the event that a commercial entity seeks permanently to dispose of records containing consumers' personal identifying information within its custody or control, such commercial entity shall take reasonable steps to destroy or arrange for the destruction of each such record by shredding, erasing, or otherwise destroying or modifying the personal identifying information in those records to make it unreadable or indecipherable.
79 Del. Laws, c. 287, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50C. SAFE DESTRUCTION OF RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION › § 5003C. Violations.

§ 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;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50C. SAFE DESTRUCTION OF RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION › § 5004C. Exemptions.

§ 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 Comptroller of Currency, the Federal Reserve, the National Credit Union Administration, the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision and the U.S. Department of the Treasury, the Department of Business Regulation, or the Delaware Department of Insurance and is subject to the privacy and security provisions of the Gramm Leach Bliley Act;
(2) Any health insurer or health-care facility that is subject to and in compliance with the standards for privacy of individually identifiable health information and the security standards for the protection of electronic health information of the Health Insurance Portability and Accountability Act of 1996 [P.L. 104-191]; or
(3) Any consumer report agency that is subject to and in compliance with the Federal Credit Reporting Act, 15 U.S.C. § 1681 et seq., as amended; or
(4) Any government, governmental subdivision, agency, or instrumentality.
79 Del. Laws, c. 287, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50D. Abandoned Cultural Property Act › § 5001D. Definitions

§ 5001D. Definitions
(a) “Conservation measures,” as defined by the American Institute for Conservation of Historic and Artistic Works, encompass actions taken toward the long-term preservation of cultural property. “Conservation activities” include examination, documentation, treatment, and preventative care, supported by research and education.
(b) “Lender” means a person whose name appears on records of a museum as the person legally entitled to, or claiming to be legally entitled to, property held by the museum.
(c) “Lender's address” means the most recent address of a lender as shown on the museum's records pertaining to property on loan from the lender.
(d) “Loan” means a deposit of property not accompanied by a transfer of title to that property.
(e) “Museum” means an institution located in Delaware that:
(1) Is operated by a person primarily for education, scientific, historic preservation, or aesthetic purposes; and
(2) Owns, borrows, cares for, exhibits, studies, archives, or catalogs property.
(f) “Permanent loan” means a loan of property to a museum for an indefinite period.
(g) “Person” means an individual, a nonprofit corporation, a trustee or legal representative, the State, a political subdivision of the State, an agency of the State or political subdivision of the State, or a group of those persons acting in concert.
(h) “Property” means a tangible object under a museum's care that has intrinsic historic, artistic, scientific, or cultural value.
(i) “Undocumented property” means property in the possession of a museum for which the museum cannot determine the owner by reference to the museum's records.
(j) “Unsolicited donation” means any property that is left at property controlled by the museum that is from an unknown source and might be reasonably assumed to have been intended as a gift to the museum.
81 Del. Laws, c. 213, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50D. Abandoned Cultural Property Act › § 5002D. Mailed notice; change of address or ownership.

§ 5002D. Mailed notice; change of address or ownership.
(a) A notice given by a museum under this chapter must be mailed to the lender's last known address by certified mail. Proper notice is given if the museum receives proof of receipt of the notice not more than 30 days after notice was mailed.
(b) If:
(1) The lender's address; or
(2) The address of any designated agent of the lender changes, the lender must provide written notice of the new address to the museum.
(c) If the ownership of property loaned to a museum changes while the museum is in possession of the property, the new owner of the property must provide written notice to the museum of:
(1) The change of ownership of the property; and
(2) The name and address of the new owner.
81 Del. Laws, c. 213, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50D. Abandoned Cultural Property Act › § 5003D. Notice by publication.

§ 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; or
(3) Receive proof of receipt of the notice by the person to whom the notice was sent within 30 days after the notice was mailed.
(b) Notice by publication under subsection (a) of this section must be given at least once a week for 2 consecutive weeks in a newspaper of general circulation in:
(1) The county in which the museum is located; and
(2) The county of the lender's last known address, if the identity of the lender is known.
81 Del. Laws, c. 213, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50D. Abandoned Cultural Property Act › § 5004D. Notice; contents.

§ 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 of:
a. The lender; or
b. Any designated agent of the lender.
(3) A brief description of the property on loan.
(4) The date of the loan, if known.
(5) The name of the museum.
(6) The name, address, and telephone number of the person or office at the museum to be contacted regarding the property.
81 Del. Laws, c. 213, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50D. Abandoned Cultural Property Act › § 5005D. Acquiring title — Permanent loaned or loaned property.

§ 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 terminating the loan of the property.
(2) The notice that the loan of the property is terminated must include a statement containing substantially the following information:
“The records at (name of museum) indicate that you have property on loan to it. The museum hereby terminates the loan. If you desire to claim the property, you must contact the museum, establish your ownership of the property, and make arrangements to collect the property. If you do not contact the museum within 60 days, you will be considered to have donated the property to the museum.”
(3) If the lender does not respond to the notice of termination within 60 days after the notice required by this chapter by filing a notice of intent to preserve an interest in the property on loan, clear and unrestricted title is transferred to the museum 60 days after the notice required by this chapter was completed.
(b) If the loan of the property to a museum is not considered a permanent loan and does not have a specific expiration date, the property is considered abandoned if there has not been any written communication for at least 7 years after the date the museum took possession of the property between:
(1) The lender or the lender's designated agent; and
(2) The museum.
81 Del. Laws, c. 213, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50D. Abandoned Cultural Property Act › § 5006D. Acquiring title — Undocumented property, notice.

§ 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 the museum is asserting title to the property must include a statement containing substantially the following information:
“The records of (name of museum) fail to indicate the owner of record of certain property in its possession. The museum hereby asserts title to the following property:
(general description of property). If you claim ownership or other legal interest in this property, you must contact the museum, establish ownership of the property, and make arrangements to collect the property If you fail to do so within 60 days, you will be considered to have waived any claim you may have had to the property.”
(3) If a lender does not respond to the notice within 60 days by giving a written notice of intent to retain an interest in the property on loan, the museum's title to the property becomes absolute.
81 Del. Laws, c. 213, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50D. Abandoned Cultural Property Act › § 5007D. Acquiring title — Unsolicited donations, notice.

§ 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 within 60 days after its discovery and notice is given by the museum under this section.
(2) Undocumented property found in the collection or collections of a museum are not unsolicited donations and are subject to § 5006D of this title.
(3) The museum must give notice that the museum is asserting title to any unsolicited donation.
(4) Notice that the museum is asserting title to the unsolicited property must include a statement containing substantially the following information:
“The following property was found at (name of museum) and is presumed to be a donation to the museum. The museum hereby asserts title to the following property:
(general description of property). Anyone claiming ownership or other legal interest in this property must contact the museum, establish ownership of the property, and make arrangements to collect the property. If you fail to do so within 60 days of notice required under this section, you will have waived any claim to this unsolicited property.”
(5) Notice by publication under paragraph (3) of this section must be given at least once a week for 2 consecutive weeks in a newspaper of general circulation in the county in which the museum is located.
81 Del. Laws, c. 213, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50D. Abandoned Cultural Property Act › § 5008D. Conservation measures.

§ 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 other property in the custody of the museum; or
b. The property on loan is a hazard to the health and safety of the public or the museum staff; and
(2) If:
a. The museum is unable to reach the lender at the lender's last known address within 3 days before the time the museum determines action is necessary; or
b. The lender does not respond or will not agree to the protective measures the museum recommends and does not terminate the loan and retrieve the property within 3 days.
81 Del. Laws, c. 213, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50D. Abandoned Cultural Property Act › § 5009D. Conservation measures — Lien, liability.

§ 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 conservation measure costs incurred by the museum; and
(2) Is not liable for injury to or loss of the property if the museum:
a. Had a reasonable belief at the time the conservation measure action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan was a hazard to the health and safety of the public or the museum staff; and
b. Exercised reasonable care in the choice and application of conservation measures.
81 Del. Laws, c. 213, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50E. Certification of Adoption of Transparency and Sustainability standards by Delaware Business Entities › § 5000E. Purpose.

§ 5000E. Purpose.
The intent of this chapter is to support Delaware business entities in their global sustainability efforts. This chapter is enabling legislation that permits a Delaware entity to signal its commitment to global sustainability. This chapter does not purport to prescribe which sustainability standards an entity chooses to adopt. Thus, a Delaware entity is free to choose standards promulgated or developed by any entity.
81 Del. Laws, c. 279, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50E. Certification of Adoption of Transparency and Sustainability standards by Delaware Business Entities › § 5002E. Certificate of adoption of transparency and sustainability standards.

§ 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 have been satisfied:
(1) Such entity shall have executed and acknowledged, and delivered to the Secretary of State, a standards statement;
(2) Such entity shall have paid all fees and costs assessed by the Secretary of State; and
(3) Such entity remains a reporting entity, and if such entity is registered or formed with the Secretary of State, it is in good standing upon the records of the Secretary of State.
(b) Each reporting entity shall, for all purposes of the laws of this State, be authorized and permitted to disclose, publicly or privately, that it is a reporting entity.
81 Del. Laws, c. 279, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50E. Certification of Adoption of Transparency and Sustainability standards by Delaware Business Entities › § 5003E. Statement of adoption of transparency and sustainability standards.

§ 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 governing body of the entity has adopted resolutions setting forth the entity's standards and assessment measures;
(2) Identifies an internet link on the principal website maintained by or on behalf of the entity at which the standards and assessment measures, the third-party criteria used to develop the standards, a description of the process by which such standards were identified, developed and approved and any report filed or to be filed by the entity are and will be readily available at no cost and without the requirement of the provision of any information, and will remain available for so long as the entity remains a reporting entity (the “website”);
(3) Acknowledges that the entity has agreed to acknowledge and deliver to the Secretary of State, within 30 days after a request therefor by the Secretary of State, its most recent report; and
(4) Acknowledges that the entity has committed to:
a. Use the assessment measures to assess the entity's performance in meeting its standards;
b. Review and assess its standards and assessment measures from time to time, and make such changes thereto as the governing body in good faith determines are necessary or advisable in furtherance of meeting the entity's standards; and
c. Prepare and make readily available to the public at no cost and without the requirement of the provision of any information (by posting on the website at the identified internet link) a copy of its report within 90 days of the end of each reporting period; and
(5) Sets forth the address within the State to which the Secretary of State shall mail any notices; and
(6) Is acknowledged by an authorized person.
81 Del. Laws, c. 279, § 1;