reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 40. PET WARRANTIES › § 4008. Contested cases.

§ 4008. Contested cases.
(a) In the event that a seller disputes a purchaser's entitlement to a remedy under this chapter, the seller may, except in the case of the animal's death, have the dog examined by a licensed veterinarian designated by the seller. The cost of such examination shall be borne by the seller.
(b) If, following examination of the animal by the seller's chosen veterinarian, the purchaser and the seller are unable to reach an agreement within 10 business days, the purchaser may initiate an action in a court of competent jurisdiction to resolve the dispute, or the parties may submit to binding arbitration if mutually agreed upon by the parties in writing. Any court having jurisdiction in a damages or trespass action for the amount in controversy shall have jurisdiction under this chapter.
(c) The purchaser in any such legal action shall have the right to collect reasonable attorney's fees and court costs if the opposing party acted in bad faith in seeking or denying the requested remedy.
72 Del. Laws, c. 293, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 40. PET WARRANTIES › § 4009. Notice.

§ 4009. Notice.
(a) Every seller shall post in a conspicuous location a notice stating that purchasers of animals have specific rights under law and that a written statement of such rights is available upon request. Such notice shall be in 100-point type and shall read as follows:
“Purchasers of dogs from this seller are entitled to specific rights under the law. Purchasers must be provided a written copy of such rights at the time of sale. Prospective purchasers may receive a copy of such rights from the seller upon request.”
(b) Every seller shall, at the time of sale or upon the request of a prospective purchaser, provide a written notice of rights under this chapter. Such notice shall be signed by the purchaser and seller at the time of sale acknowledging receipt.
(c) Every seller of an animal sold with the representation that the animal is registered or registrable with a registry shall, in addition to the above notices, provide purchaser a written notice, signed by purchaser and seller at time of sale, which shall read as follows:
“A pedigree or a registration does not assure proper breeding condition, health, quality or claims to lineage.”
72 Del. Laws, c. 293, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 40. PET WARRANTIES › § 4010. Additional legal remedies.

§ 4010. Additional legal remedies.
(a) Nothing in this chapter shall limit the rights or remedies that are otherwise available to a consumer under any other law, nor shall this chapter in any way limit the seller and the purchaser from agreeing between themselves upon additional terms and conditions that are not inconsistent with this chapter. No waiver of rights under this chapter shall be effective.
(b) Nothing in this chapter shall limit prosecution for violation of any criminal statute or of Chapter 25 of this title or of any other law.
(c) Nothing in this chapter shall preclude the imposition of punitive damages otherwise available at law.
72 Del. Laws, c. 293, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 40. PET WARRANTIES › § 4011. Misrepresentation as to registration or breed; remedies.

§ 4011. Misrepresentation as to registration or breed; remedies.
(a) A seller shall not state, promise or represent to the purchaser, directly or indirectly, that an animal is registered or capable of being registered with an animal registering organization unless the seller provides the purchaser with the documents necessary for that registration with 120 days following the date of sale of such animal.
(b) In the event that a seller fails to provide documents necessary for registration within 120 days following the date of sale, the purchaser shall, upon written notice to the seller, be entitled to retain the animal and receive a partial refund of 75 percent of the purchase price or return the animal along with all documentation previously provided the purchaser for a full refund. Remedies under this section shall also be available where there was a material misrepresentation in connection with the sale as to the breed of the animal.
72 Del. Laws, c. 293, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 41. DRY CLEANERS AND LAUNDERERS › § 4101. Disposal of unclaimed garments.

§ 4101. Disposal of unclaimed garments.
Any garment left with a retail dry cleaner or retail launderer for dry cleaning or laundering which is not redeemed within 1 year may be disposed of by the dry cleaner or launderer without any liability or responsibility for the garment or any proceeds realized therefrom; provided, however, that this section shall apply only where advice to that effect is clearly printed in clear emphasized and differentiated type on the slip, ticket or check presented to the owner of the garment at the time it is left for dry cleaning or laundering.
6 Del. C. 1953, §  4101;  50 Del. Laws, c. 330, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4201. Statement of purpose.

§ 4201. Statement of purpose.
The purpose of this chapter is to safeguard the public interest against fraud, deceit and financial hardship, and to foster and encourage competition, fair dealing and prosperity in the field of health spa services by prohibiting false and misleading advertising and dishonest, deceptive and unscrupulous practices by which the public has been injured in connection with contracts for health spa services. This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4202. Definitions.

§ 4202. Definitions.
As used in this chapter:
(1) “Business day” means any day except a Sunday or legal holiday.
(2) “Buyer” means a natural person who enters into a health spa contract.
(3) “Contract price” means the sum of the initiation fee, if any, and all fees except interest required by the health spa contract.
(4) “Director” means the Director of the Division of Consumer Protection, or a member of the Director's staff to whom the Director may delegate duties under this chapter.
(5) “Health spa” includes any person, firm, corporation, organization, club or association engaged in the sale of memberships in a program of physical exercise, physical fitness, weight control or figure reduction, which offers the use of 1 or more of the following:
a whirlpool, weight lifting room, steam room, exercising room or exercising or weight loss device. The term “health spa” shall not include the following:
a. Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association or similar organizations whose functions as health spas are only incidental to their overall functions and purposes;
b. Any private club owned and operated by its members;
c. Any organization primarily operated for the purpose of teaching a particular form of self-defense such as judo or karate;
d. Any facility owned or operated by the United States;
e. Any facility owned or operated by the State or any of its political subdivisions; and
f. Any nonprofit public or private school, college or university.
(6) “Health spa contract” means a written agreement whereby the buyer of health spa services purchases or becomes obligated to purchase health spa services to be rendered over a period longer than 3 months, and the seller of health spa services receives payment to cover a period more than 3 months.
(7) “Health spa services” means and includes services, privileges or rights offered for sale or provided by a health spa.
(8) “Initiation fee” means a nonrecurring fee charged at or near the beginning of a health spa membership, and includes all fees or charges not a part of the monthly fee.
(9) “Pre-opening contract” means a health spa contract for services or the use of facilities made prior to the day on which the service or facilities of the health spa are fully open and available for regular use by the members.
66 Del. Laws, c. 395, §  1;  69 Del. Laws, c. 291, §  98(c);  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4203. Registration.

§ 4203. Registration.
(a) It shall be unlawful for any health spa to offer, advertise, or execute or cause to be executed by the buyer any health spa contract in this State unless the health spa at the time of the offer, advertisement, sale or execution of a health spa contract has been properly registered with the Director.
(b) (1) Prior to advertising or selling pre-opening contracts, every health spa shall register with the Director and shall notify the Director of the proposed location of the health spa for which pre-opening contracts will be solicited;
(2) The registration shall include the address, ownership, directors, corporate officers and parent corporation, if any, date of first sales and date of first opening of the health spa;
(3) The registration shall be renewed annually; and
(4) Each separate location where health spa services are offered shall be considered a separate health spa and shall file a separate registration even though the separate locations are owned or operated by the same owner, unless the spa offers all members fully interchangeable, comparable services at a separate location within a 15-mile radius.
(c) A bond or letter of credit in the amount of $50,000 shall be posted by each health spa prior to advertising or selling pre-opening contracts. The bond with corporate surety from a company authorized to transact business in the State or the letter of credit from a bank insured by the Federal Deposit Insurance Corporation shall be filed and maintained with the Director. After a health spa has opened its facilities and been in operation for 90 days, the health spa may make application to the Director to cancel or terminate the bond or letter of credit. Unless the health spa has been cited for a violation of this chapter pursuant to the authority granted to the Attorney General or the Director by Chapter 25 of Title 29 or to the Attorney General by § 4220 of this title, the Director shall give consent to terminate the bond or letter of credit within 30 days after receiving the health spa's application.
(d) Upon its application to terminate the bond or letter of credit, the health spa shall pay all fees in accordance with the schedule set forth by § 4204 of this title.
(e) The bond or letter of credit required by this section shall be in favor of the State for the benefit of:
(1) Any buyer injured by having paid money for a health spa contract in a facility which fails to open within 9 months after the date upon which the buyer and the health spa entered into a contract or which substantially fails to provide the services described in the health spa contract;
(2) Any buyer injured as a result of a violation of this chapter.
66 Del. Laws, c. 395, §  1;  69 Del. Laws, c. 291, §  98(a);  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 282, §  10;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4205. Right of cancellation.

§ 4205. Right of cancellation.
Every health spa contract for the sale of future health spa services which are paid for in advance or for which the buyer agrees to pay in future installments shall be in writing and shall contain the following contractual provisions:
(1) A provision for the penalty-free cancellation of the contract within 3 business days of its making and a provision for a refund following such cancellation of all moneys paid under the contract upon written notice by the buyer.
(2) A provision for the cancellation of the contract if the health spa relocates or goes out of business and fails to provide alternative facilities within 15 miles of the location designated in the health spa contract, obligating the health spa to refund to the buyer funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term.
(3) A provision that to cancel a contract in accordance with paragraph (2) of this section, the buyer shall notify the health spa of cancellation in writing, by certified mail, return receipt requested, to the address specified in the health spa contract; that all moneys to be refunded upon cancellation of the health spa contract shall be paid within 30 days of receipt of the notice of cancellation; and that if the customer has executed any credit or lien agreement with the health spa to pay for all or part of health spa services, any such negotiable instrument executed by the buyer shall also be returned within 30 days after such cancellation.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4206. Notice to buyer.

§ 4206. Notice to buyer.
A copy of the signed health spa contract shall be delivered to the buyer at the time the contract is executed. All health spa contracts must be in writing, be signed by the buyer, must designate the date on which the buyer actually signed the contract, must describe the services to be provided to the buyer and shall contain the following written notice in at least 10-point boldface type:
“YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE 3RD BUSINESS DAY AFTER THE DATE OF THIS CONTRACT.
IF YOU WISH TO CANCEL THIS CONTRACT, YOU MAY DO SO WITHOUT ANY PENALTY OR OBLIGATION. TO CANCEL THIS CONTRACT MAIL BY CERTIFIED OR REGISTERED MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CONTRACT OR ANY OTHER WRITTEN NOTICE
TO    ________________________________ (Name of Health Spa) AT    ________________________________________________________________ (Address of Health Spa)
NOT LATER THAN MIDNIGHT OF   ________________ (Date)
YOU MAY ALSO CANCEL THIS CONTRACT IF THIS SPA MOVES OR GOES OUT OF BUSINESS AND FAILS TO PROVIDE EQUAL FACILITIES WITHIN 15 MILES OF THE LOCATION DESIGNATED IN THIS CONTRACT. IF YOU CANCEL, THE HEALTH SPA MAY RETAIN OR COLLECT A PORTION OF THE CONTRACT PRICE EQUAL TO THE PROPORTIONATE VALUE OF THE SERVICES OR USE OF FACILITIES YOU HAVE ALREADY RECEIVED.”
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4207. Duration of contract.

§ 4207. Duration of contract.
No health spa contract shall have a duration for a period longer than 36 months. However, the computation of the maximum duration permissible shall exclude any period of time (not to exceed 6 months) offered by a health spa as a bonus incentive at a price which, by comparison with comparable contracts offered by the same health spa, clearly demonstrates that the bonus incentive is not being paid for by the purchaser.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4208. Renewals.

§ 4208. Renewals.
If the original health spa contract complies with the chapter, or was entered into prior to January 1, 1989, the exercise of options to renew health spa contracts at a prorated price less than the original contract price may be accomplished by a separate written agreement devised by the health spa without regard to the provisions of §§ 4205 and 4206 of this title; provided however, that all regulatory provisions of this chapter including, without limitation, refund and fee provisions shall continue to apply. Notwithstanding the foregoing, any member of a health spa may demand to execute a renewal contract in compliance with the provisions of this chapter.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4209. Initiation fees limited.

§ 4209. Initiation fees limited.
No health spa shall charge any initiation fee in connection with a health spa contract of less than 12 months' duration. For all health spa contracts of 3 months or less duration, all rights of renewal which extend the membership beyond the first 3 months shall be offered and sold at a contract price per month for each renewal period not greater than the contract price per month for the initial membership period.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4211. Fraud rendering contract void.

§ 4211. Fraud rendering contract void.
Any health spa contract entered into by the buyer upon any false or misleading information, representation, notice or advertisement of the health spa or the health spa's agents shall be void and unenforceable.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4212. Noncomplying contract voidable.

§ 4212. Noncomplying contract voidable.
Any health spa contract which does not comply with the applicable provisions of this chapter shall be voidable at the option of the buyer.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4213. Waiver of provisions void and unenforceable.

§ 4213. Waiver of provisions void and unenforceable.
Any waiver by the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4214. Notice of preservation of buyer's rights.

§ 4214. Notice of preservation of buyer's rights.
All health spa contracts and any promissory note executed by the buyer in connection therewith shall contain the following provision on the face thereof in at least 10-point, boldface type:
NOTICE
ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4215. Prohibition against assignment of health spa contract cutting off buyer's right of action or defense against seller; conditions.

§ 4215. Prohibition against assignment of health spa contract cutting off buyer's right of action or defense against seller; conditions.
Whether or not the health spa has complied with the notice requirements of § 4206 of this title, any right of action or defense arising out of a health spa contract which the buyer has against the health spa, and which would be cut off by assignment, shall not be cut off by assignment of the contract to any third-party holder, whether or not the holder acquires the contract in good faith and for value.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4216. Change in ownership of health spa.

§ 4216. Change in ownership of health spa.
For purposes of this chapter, a health spa shall be considered a new health spa and subject to the requirements of §§ 4203 and 4204 of this title at the time the health spa changes ownership.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4217. Deceptive acts prohibited.

§ 4217. Deceptive acts prohibited.
It is hereby declared to be an unfair and deceptive trade practice and unlawful for a health spa to:
(1) Misrepresent directly or indirectly in its advertising, promotional materials, or in any manner the size, location, facilities or equipment of its studio, or place of business or the number or qualifications of its personnel;
(2) Make any representation calculated to mislead or deceive buyers as to the health spa's affiliation with other health-related industries; or
(3) Misrepresent the location or locations at which its services will be offered.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4218. Production of records.

§ 4218. Production of records.
Every health spa, upon the written request of the Director, shall make available to the Director its pre-opening bank account records and all membership contracts for inspection and copying, to enable the Director reasonably to determine compliance with this chapter.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4219. Private right of action.

§ 4219. Private right of action.
(a) Any buyer damaged by a violation of this chapter may bring an action for recovery of damages. If damages are awarded to the aggrieved party, such damages shall be triple the amount of the actual damages proved plus reasonable attorney fees.
(b) Nothing in this chapter shall be construed so as to nullify or impair any right or rights which a buyer may have at common law, by statute or otherwise.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4220. Violations.

§ 4220. Violations.
In addition to the remedies hereinbefore provided, the Attorney General may bring an action to restrain violations of this chapter in the Court of Chancery and for such other relief as may be appropriate. The provisions of this chapter are not exclusive and do not relieve the health spa or its assignees or the contracts subject to this chapter from compliance with all other applicable provisions of law.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4221. Limitations.

§ 4221. Limitations.
Contracts executed prior to January 1, 1986, and whose original terms are still enforceable as of January 1, 1989, are excluded from all cancellation, refund and fee provisions of this chapter.
66 Del. Laws, c. 395, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 42. HEALTH SPA REGULATION › § 4222. Enforcement.

§ 4222. Enforcement.
A violation of this chapter shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection, as described in Chapter 25 of Title 29.
66 Del. Laws, c. 395, §  1;  69 Del. Laws, c. 291, §  98(a), (c);  77 Del. Laws, c. 282, §  11;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter I. General Provisions › § 4302. Waiver prohibited; separability; transactions not covered.

§ 4302. Waiver prohibited; separability; transactions not covered.
(a) Any waiver of the buyer of this chapter shall be deemed contrary to public policy and shall be unenforceable and void.
(b) If this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
(c) Except as provided in § 4315 of this title, this chapter shall not apply to any retail installment sale which is made for a cash sale price of $75 or less, where no title, lien or other security interest is retained or taken by the seller. This section shall not apply to sales made pursuant to the provisions of §§ 4334-4343 of this title.
6 Del. C. 1953, §  4302;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter II. Provisions of Retail Installment Contracts › § 4303. Date; size of printed type.

§ 4303. Date; size of printed type.
A retail installment contract shall be dated and in writing; the printed portion thereof shall be in at least 8-point type.
6 Del. C. 1953, §  4303;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter II. Provisions of Retail Installment Contracts › § 4304. Contract to contain entire agreement; bold type headings; notice to buyer.

§ 4304. Contract to contain entire agreement; bold type headings; notice to buyer.
Every retail installment contract shall contain:
(1) The entire agreement of the parties with respect to the cost and terms of payment for the goods and services, which terms of payment must coincide with those stated in any promissory notes or any other evidences of indebtedness between the parties relating to the transaction;
(2) Either at the top of the contract or directly above the space reserved for the signature of the buyer, the words “conditional sale contract” or “lien contract,” as the case may be, shall appear in at least 10-point bold type where a security interest in the goods is retained or a lien on other goods or realty is obtained by the seller as security for the goods or services purchased. Either at the top of the contract or directly above the space reserved for the signature of the buyer, the words “retail installment contract” shall appear in at least 10-point bold type where security is not obtained by the seller for the goods or services purchased;
(3) A notice in at least 8-point bold type reading as follows:
“Notice to the buyer:
(1) Do not sign this agreement before you read it or if it contains any blank space. (2) You are entitled to a completely filled-in copy of this agreement. (3) Under the law, you have the right to pay off in advance the full amount due and under certain conditions to obtain a partial refund of the service charge.”
6 Del. C. 1953, §  4304;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter II. Provisions of Retail Installment Contracts › § 4305. Information required to be shown in contract.

§ 4305. Information required to be shown in contract.
(a) Except as provided in §§ 4327-4332 of this title, a contract shall contain the following:
(1) The names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the goods or services sufficient to identify them. Services or multiple items of goods may be described in general terms and may be described in detail sufficient to identify them in a separate writing.
(2) The cash sale price of the goods, services and accessories which are the subject matter of the retail installment sale.
(3) The amount of the buyer's down payment, itemizing the amounts paid in money and in goods and containing a brief description of the goods, if any, traded in.
(4) The difference between paragraphs (a)(1) and (2) of this section.
(5) The amount, if any, included for insurance, specifying the coverages and the cost of each type of coverage.
(6) The amount, if any, of official fees.
(7) The unpaid balance, which is the sum of paragraphs (a)(4), (5), and (6) of this section.
(8) The amount of the service charge, if any.
(9) The time balance, which is the sum of paragraphs (a)(7) and (8) of this section, payable by the buyer to the seller, the number of installments required, the amount of each installment expressed in dollars and the due date or period thereof.
(10) The time sale price.
(b) The items need not be stated in the sequence or order set forth above; additional items may be included to explain the computations made in determining the amount to be paid by the buyer.
6 Del. C. 1953, §  4305;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter II. Provisions of Retail Installment Contracts › § 4306. Blank spaces to be filled in before signing by buyer.

§ 4306. Blank spaces to be filled in before signing by buyer.
The seller shall not obtain the signature of the buyer to a contract when it contains blank spaces to be filled in after it has been signed.
6 Del. C. 1953, §  4306;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter II. Provisions of Retail Installment Contracts › § 4307. Insurance; cost and procurance of; notice or copy of policy to be furnished to buyer.

§ 4307. Insurance; cost and procurance of; notice or copy of policy to be furnished to buyer.
If the cost of any insurance is included in the contract and a separate charge is made to the buyer for such insurance:
(1) The contract shall state whether the insurance is to be procured by the buyer or the seller;
(2) The amount included for the insurance shall not exceed the premiums chargeable in accordance with the rate fixed for such insurance by the insurer;
(3) If the insurance is to be procured by the seller or holder, the seller or holder shall, within 45 days after delivery of the goods or furnishing of the services under the contract, deliver, mail or cause to be mailed to the buyer, at the seller's or holder's address as specified in the contract, a notice thereof or a copy of the policy or policies of insurance or a certificate or certificates of the insurance so procured.
6 Del. C. 1953, §  4307;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter II. Provisions of Retail Installment Contracts › § 4308. Delinquency charges.

§ 4308. Delinquency charges.
A contract may provide for the payment by the buyer of a delinquency charge on each installment in default for a period of not less than 10 days in an amount not in excess of 5 percent of such installment or $5.00, whichever is less, but a minimum charge of $1.00 may be made. Only 1 such delinquency charge may be collected on any such installment regardless of the period during which it remains in default. The contract may also provide for payment of any actual and reasonable costs of collection occasioned by removal of the goods from the State without written permission of the holder, or by the failure of the buyer to notify the holder of any change of residence, or by the failure of the buyer to communicate with the holder for a period of 45 days after any default in making payments due under the contract.
6 Del. C. 1953, §  4308;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter II. Provisions of Retail Installment Contracts › § 4309. Copy of signed contract to be furnished to buyer; acknowledgment by buyer.

§ 4309. Copy of signed contract to be furnished to buyer; acknowledgment by buyer.
The seller shall deliver or mail to the buyer, at the address shown on the contract, a legible copy thereof completed, in accordance with the provisions of this chapter. Until the seller does so, the buyer shall be obligated to pay only the cash sale price. Any acknowledgment by the buyer of delivery of a copy of the contract shall be printed or written in a size equal to at least 10-point bold type and, if contained in the contract shall also appear directly above the space reserved for the buyer's signature. The buyer's written acknowledgement, conforming to the requirements of this section of delivery of a copy of a contract, shall be a conclusive presumption of such delivery and of compliance with this section and § 4306 of this title, in any action or proceeding by or against an assignee of the contract without knowledge to the contrary when the assignee purchases the contract.
6 Del. C. 1953, §  4309;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter III. Restrictions on Retail Installment Contracts › § 4310. Contracts made by mail or telephone without solicitation by salesperson.

§ 4310. Contracts made by mail or telephone without solicitation by salesperson.
Retail installment sales negotiated and entered into by mail or telephone without personal solicitation by a salesperson or other representative of the seller, where the seller's cash and deferred payment prices and other terms are clearly set forth in a catalog or other printed solicitation of business which is generally available to the public, may be made as hereinafter provided. All the provisions of this chapter shall apply to such sales except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in § 4309 of this title, and if, when the proposed retail installment sale contract is received by the seller from the buyer, there are blank spaces to be filled in, the seller may insert in the appropriate blank spaces the amounts of money and other terms which are set forth in the seller's catalog which is then in effect. In lieu of the copy of the contract provided for in § 4309 of this title, the seller shall, within 15 days from the date of shipment of goods, furnish to the buyer a written statement of the items inserted in such blank spaces.
6 Del. C. 1953, §  4310;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter III. Restrictions on Retail Installment Contracts › § 4311. Provisions prohibited in contracts.

§ 4311. Provisions prohibited in contracts.
No contract or obligation shall contain any provision by which:
(1) The buyer agrees not to assert against a seller a claim or defense arising out of the sale or agrees not to assert against an assignee such a claim or defense other than as provided in § 4312 of this title;
(2) In the absence of the buyer's default in the performance of any obligations, the holder may, arbitrarily and without reasonable cause, accelerate the maturity of any part or all of the amount owing thereunder;
(3) The seller or holder of the contract or other person acting as agent is given authority to enter upon the buyer's premises unlawfully or to commit any breach of the peace in the repossession of goods;
(4) The buyer waives any right of action against the seller or holder of the contract or other person acting as agent, for any illegal act committed in the collection of payments under the contract or in the repossession of goods;
(5) The buyer executes a power of attorney appointing the seller or holder of the contract, or other person acting as agent, as the buyer's agent in the repossession of goods;
(6) The buyer relieves the seller from liability for any legal remedies which the buyer may have against the seller under the contract or any separate instrument executed in connection therewith.
6 Del. C. 1953, §  4311;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter III. Restrictions on Retail Installment Contracts › § 4312. Assignment of contract; notice to buyer.

§ 4312. Assignment of contract; notice to buyer.
No right of action or defense arising out of a retail installment sale which the buyer has against the seller, and which would be cut off by assignment, shall be cut off by assignment of the contract to any third party whether or not the third party acquires the contract in good faith and for value unless the assignee given notice of the assignment to the buyer as provided in this section and within 15 days of the mailing of such notice receives no written notice of the facts giving rise to the claim or defense of the buyer, or unless the assignee acquires the contract or evidence of indebtedness relying in good faith upon a certificate of completion or certificate of satisfaction signed by the buyer. A notice of assignment shall be in writing addressed to the buyer at the address shown on the contract and shall identify the contract and state that the buyer must, within 15 days of the date of mailing of such notice, notify the assignee in writing of any facts giving rise to a claim or defense which the buyer may have. The notice of assignment shall state the name of the seller and buyer, a description of the goods and services, the time balance and the number and amounts of the installments. If a certificate of completion or satisfaction is relied upon, the following notation must appear at the top thereof in at least 10 point bold type:
“Notice to Buyer — Do Not Sign this certificate until all services have been satisfactorily performed and materials supplied or goods received and found satisfactory.”
6 Del. C. 1953, §  4312;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter III. Restrictions on Retail Installment Contracts › § 4313. Prohibition of lien on goods fully paid for.

§ 4313. Prohibition of lien on goods fully paid for.
No contract other than 1 for services shall provide for a lien on any goods theretofore fully paid for or which have not been sold by the seller.
6 Del. C. 1953, §  4313;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter III. Restrictions on Retail Installment Contracts › § 4314. Prohibited provisions in contract as void.

§ 4314. Prohibited provisions in contract as void.
Any provision in a contract which is prohibited by this chapter shall be void but shall not otherwise affect the validity of the contract.
6 Del. C. 1953, §  4314;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IV. Service Charge Limitations › § 4315. Service charges authorized; calculation.

§ 4315. Service charges authorized; calculation.
A retail seller or the holder of a retail installment contract may charge and collect a service charge in respect of a retail installment sale and may calculate such service charge in the manner and at the rate or rates specified in the contract governing the sale.
6 Del. C. 1953, §  4315;  52 Del. Laws, c. 342;  62 Del. Laws, c. 228, §§  8, 9;  63 Del. Laws, c. 2, §  16;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IV. Service Charge Limitations › § 4316. Period of installment payments.

§ 4316. Period of installment payments.
Contracts may be payable in successive monthly, semimonthly or weekly installments.
6 Del. C. 1953, §  4316;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IV. Service Charge Limitations › § 4317. Charges included in contract service charge; additional charges prohibited.

§ 4317. Charges included in contract service charge; additional charges prohibited.
The service charge shall be inclusive of all charges incident to investigating and making the contract and for the extension of the credit provided for in the contract, and no fee, expense or other charge whatsoever shall be taken, received, reserved or contracted for except as otherwise provided in this chapter.
6 Del. C. 1953, §  4318;  52 Del. Laws, c. 342;  63 Del. Laws, c. 2, §  16;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IV. Service Charge Limitations › § 4319. Splitting or dividing of sales transactions prohibited.

§ 4319. Splitting or dividing of sales transactions prohibited.
Repealed by 63 Del. Laws, c. 2, § 16, eff. June 1, 1981.
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter V. Payments › § 4320. Payment to last known holder as discharge of buyer in absence of notice of assignment.

§ 4320. Payment to last known holder as discharge of buyer in absence of notice of assignment.
Unless the buyer has notice of actual or intended assignment of a contract or installment account, payment thereunder made by the buyer to the last known holder of such contract or installment account, shall to the extent of the payment, discharge the buyer's obligation.
6 Del. C. 1953, §  4320;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter V. Payments › § 4321. Periodic statements of account.

§ 4321. Periodic statements of account.
At any time after its execution, but not later than 1 year after the last payment made thereunder, the holder of a contract shall, upon written request of the buyer made in good faith, promptly give or forward to the buyer a detailed written statement which will state with accuracy the total amount, if any, unpaid thereunder. Such a statement shall be supplied by the holder once each year without charge; if any additional statement is requested by the buyer, the holder shall supply such statement to the buyer at a charge not exceeding $1.00 for each additional statement supplied to the buyer. The provisions of this section shall not apply to those transactions wherein, instead of periodic statements of account, the buyer is provided with a passbook, payment book or coupon book in which all payment, credits, charges and the unpaid balance are indicated.
6 Del. C. 1953, §  4321;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter V. Payments › § 4323. Acknowledgment of payment in full; release of security in goods.

§ 4323. Acknowledgment of payment in full; release of security in goods.
After the payment of all sums for which the buyer is obligated under a contract and upon demand made by the buyer, the holder shall deliver, or mail to the buyer's last known address, such 1 or more good and sufficient instruments as may be necessary to acknowledge payment in full and to release all security in the goods under such contract.
6 Del. C. 1953, §  4323;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter VI. Refinancing and Consolidation › § 4324. Deferred payments; charges.

§ 4324. Deferred payments; charges.
A holder may at any time or from time to time permit a buyer to defer installment payments due under the terms of a retail installment contract and may, in connection with such deferral, charge and collect deferral charges and may also require payment by such buyer of the additional cost to the holder of premiums for continuing in force, until the end of such period of deferral, any insurance coverage provided in connection with the contract.
6 Del. C. 1953, §  4324;  52 Del. Laws, c. 342;  63 Del. Laws, c. 2, §  18;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter VI. Refinancing and Consolidation › § 4325. Refinancing of unpaid balance; charges; agreement for refinancing.

§ 4325. Refinancing of unpaid balance; charges; agreement for refinancing.
The holder of a retail installment contract or contracts may, upon agreement in writing with the buyer, refinance the payment of the unpaid time balance or balances of the contract or contracts by providing for a new schedule of installment payments. The holder may charge and contract for the payment of a refinance charge by the buyer and collect and receive the same, but such refinance charge:
(1) Shall be based upon the amount refinanced, plus any additional cost of insurance and of official fees incident to such refinancing, after the deduction of a refund credit in an amount equal to that to which the buyer would have been entitled under § 4322 of this title, if the buyer has prepaid in full the buyer's obligations under the contract or contracts, but in computing such refund credit there shall not be allowed the minimum earned service charge as authorized by such section, and
(2) May not exceed the rate of service charge provided under §§ 4315-4317 of this title.
Such agreement for refinancing may also provide for the payment by the buyer of the additional cost to the holder of the contract or contracts of premiums for continuing in force, until the maturity of the contract or contracts as refinanced, any insurance coverages provided for therein, subject to § 4305 of this title. The refinancing agreement shall set forth the amount of the unpaid time balance or balances to be refinanced, the amount of any refund credit, the amount to be refinanced after the deduction of the refund credit, the amount of the service charge under the refinancing agreement, any additional cost of insurance and of official fees to the buyer, the new unpaid time balance and the new schedule of installment payments. Where there is a consolidation of 2 or more contracts then §§ 4327 and 4328 of this title shall apply.
6 Del. C. 1953, §  4325;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter VI. Refinancing and Consolidation › § 4326. Default in payment of certain installments; buyer entitled to new payment schedule.

§ 4326. Default in payment of certain installments; buyer entitled to new payment schedule.
In the event a contract provides for the payment of any installment which is more than double the amount of the average of the preceding installment, the buyer, upon default of this installment, shall be given an absolute right to obtain a new payment schedule. Unless agreed to by the buyer, the periodic payments under the new schedule shall not be substantially greater than the average of the preceding installments.
6 Del. C. 1953, §  4326;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter VII. Add-On Sales › § 4327. Addition of subsequent purchases to contract.

§ 4327. Addition of subsequent purchases to contract.
A retail installment contract which otherwise conforms to the requirements of this chapter, may contain the provision that the seller may at the seller's option add subsequent purchases made by the buyer to the contract, and that the total price of the goods or services covered by the contract shall be increased by the price of such additional goods or services, and that all service charges and installment payments may, at the seller's option, be increased proportionately, and that all terms and conditions of the contract shall apply equally to such additional goods or services. The contract may also provide that the goods purchased under the previous contract or contracts shall be security for the goods purchased under the subsequent contract but only until such time as the time sale price under the previous contract or contracts is fully paid.
6 Del. C. 1953, §  4327;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter VII. Add-On Sales › § 4328. Allocation of payments made subsequent to add-on purchases.

§ 4328. Allocation of payments made subsequent to add-on purchases.
When a subsequent purchase is made, the entire amount of all payments made previous thereto shall be deemed to have been applied toward the payment of the previous time sale price or time sale prices. Each payment thereafter received shall be deemed to be allocated to all of the various time sale prices in the same proportion or ratio as the original cash sale prices of the various purchases bear to one another; where the amount of each installment payment is increased in connection with the subsequent purchase, the subsequent payments (at the seller's election) may be deemed to be allocated as follows:
an amount equal to the original rate, to the previous time sale price, and an amount equal to the increase, to the subsequent time sale price. However, the amount of any initial or down payment on the subsequent purchase shall be deemed to be allocated in its entirety to such purchase.
6 Del. C. 1953, §  4328;  52 Del. Laws, c. 342.;