reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33A. TRUTH IN MUSIC › § 3303A. Restraining prohibited acts.

§ 3303A. Restraining prohibited acts.
(a) Whenever the Attorney General has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of § 3302A of this title and that proceedings would be in the public interest, the Attorney General shall bring an action in the name of the State against the person to restrain by temporary or permanent injunction that practice.
(b) Whenever any court issues a permanent injunction to restrain and prevent violations of this chapter as authorized in subsection (a) of this section, the court may in its discretion direct that the defendant restore to the recording group any moneys or property, real or personal, which may have been acquired by means of any violation of this chapter, under terms and conditions to be established by the court.
76 Del. Laws, c. 337, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 34. CONTRACTS FOR PROVIDING SERVICE AND FUEL FOR RESIDENTIAL HEATING SYSTEMS › § 3401. Definitions.

§ 3401. Definitions.
As used in this chapter:
(1) “Energy service agreement” means a contract between a homeowner and an energy service company by which the energy service company is to provide residential heating fuel to the homeowner's home and/or service the residential heating system.
(2) “Energy service company” means any person engaged in the sale of residential heating fuel and/or the service of residential heating systems.
(3) “Person” means any individual, partnership, corporation, trustee or other entity having the capacity to enter into a valid and enforceable contract.
(4) “Residential heating fuel” includes natural gas, propane, fuel oil, wood and electricity.
(5) “Residential heating system” means all equipment necessary for the storage and transmission of residential heating fuel and the conversion thereof to energy for the purpose of heating a residence and/or heating hot water to be used in the residence.
71 Del. Laws, c. 238, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 34. CONTRACTS FOR PROVIDING SERVICE AND FUEL FOR RESIDENTIAL HEATING SYSTEMS › § 3402. Mandatory provisions for energy service agreements.

§ 3402. Mandatory provisions for energy service agreements.
(a) An energy service agreement must contain the following provisions:
(1) All charges associated with the commencement of the services provided by the energy service company, listed with specificity;
(2) All charges associated with the termination of the services provided by the energy service company, listed with specificity;
(3) That the energy service company will, after the energy service agreement has been in effect for at least 1 year and at the written request of the homeowner, sell the residential heating system equipment installed on the premises and owned by the energy service company to another energy service company designated in writing by the homeowner. The purchase price of the residential heating system equipment sold pursuant to the preceding sentence shall be no more than the actual cost of equipment at the time of sale, plus installation costs incurred at the time of installation; and
(4) Notice that sale of the residence, whether voluntary or involuntary, shall be deemed a termination of the energy service agreement by the homeowner, and notice of the homeowner's notice obligations under § 3403(a) of this title.
(b) An energy service company may not demand from the homeowner payment of any charges not specified in the energy agreement pursuant to the above provisions.
(c) Except as provided in this section, an energy service agreement may contain any provisions mutually agreeable to an energy service company and a homeowner. Nothing in this section shall require an energy service company to enter into an energy service agreement with any homeowner.
71 Del. Laws, c. 238, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 34. CONTRACTS FOR PROVIDING SERVICE AND FUEL FOR RESIDENTIAL HEATING SYSTEMS › § 3403. Provision of information to purchasers of residences.

§ 3403. Provision of information to purchasers of residences.
(a) When the owner of any residence subject to an energy service agreement enters into a contract for the sale of such residence, the owner must provide the energy service company with notice thereof at least 30 days prior to settlement.
(b) No later than 15 days prior to the scheduled settlement, the energy service company shall provide to the prospective purchaser a copy of any agreement the energy service company proposed to have the purchaser sign as a condition to the continuation of the energy service company's services after the sale.
(c) This 15 day notice period may be waived only by the prospective purchaser, and then only in writing signed by the purchaser acknowledging the purchaser's understanding of entitlement to 15 days to consider any proposed energy service agreement.
(d) If the energy service company fails to comply with subsection (b) of this section and the purchaser does not waive in writing such noncompliance, then, unless the purchaser agrees otherwise, the energy service company shall be required to remove the residential heating system equipment owned by the energy service company from the premises. Removal of the residential heating system equipment shall be, except as provided below, at the energy service company's expense and shall be completed within 30 days after the sale; provided, however, that no energy service company shall be permitted to remove any equipment or refuse to supply fuel between the months of October and April unless the owner waives this restriction in writing. If the new owner refuses to enter into a contract with the energy service company and refuses to provide the written waiver to remove the equipment, the use of the equipment and supply of the fuel shall be billed to the new owner, at the energy service company's regular rates, on a monthly basis until such time as the equipment may be removed in compliance with the terms of this subsection.
71 Del. Laws, c. 238, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 34. CONTRACTS FOR PROVIDING SERVICE AND FUEL FOR RESIDENTIAL HEATING SYSTEMS › § 3404. Limitation of liability upon transfer of residential heating system equipment.

§ 3404. Limitation of liability upon transfer of residential heating system equipment.
If the owner of a residence requires the settlement of residential heating system equipment pursuant to § 3402(a)(3) of this title, the purchasing energy service company shall perform such inspection of the residential heating system equipment as it deems appropriate. The sale may be completed only if the purchasing energy service company gives the owner of the residence a written certification that the equipment to be purchased has been properly installed and is in good working order. If, upon inspection, the condition of the residential heating equipment is not to the satisfaction of the purchasing energy service company, the purchasing energy company shall give the homeowner a list of conditions or repairs needed. The purchasing energy service company may refuse to complete the purchase if such repairs or conditions are not met. At or before the sale of such residential heating system equipment, the purchasing energy service company shall give the selling energy service company a written release of all liability arising out of or relating to the sale of, installation of, service of or provision of fuel for such residential heating system equipment. The selling energy service company may refuse to complete the sale absent such release.
71 Del. Laws, c. 238, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 34. CONTRACTS FOR PROVIDING SERVICE AND FUEL FOR RESIDENTIAL HEATING SYSTEMS › § 3405. Private rights of action.

§ 3405. Private rights of action.
This chapter does not afford any person or any energy service company a private right of action for damages or rescission of the agreement of sale for the residence, and no such right of action shall be implied from any of its provisions, except that an energy service company may bring an action in any court of competent jurisdiction to recover removal costs from a homeowner pursuant to § 3403(d) and (b) of this title. The Court of Chancery may enforce this chapter by appropriate orders.
71 Del. Laws, c. 238, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 35. BUILDING CONSTRUCTION PAYMENTS › § 3501. Definitions.

§ 3501. Definitions.
As used in this chapter:
(1) “Billing period” means the payment cycle agreed to by the parties, or, in the absence of an agreement, the calendar month within which the work is performed.
(2) “Contractor” includes, but is not limited to, an architect, engineer, real estate broker or agent, subcontractor or other person, who enters into any contract with another person to furnish labor and/or materials in connection with the erection, construction, completion, alteration or repair of any building or for additions to a building, by such contractor, or for the sale to such other person of any lands and premises, whether owned by such contractor or another, upon which such contractor undertakes to erect, construct, complete, alter or repair any building or addition to a building.
(3) “Moneys or funds” includes, but is not limited to, the entire amount of all moneys or funds received by a contractor, as defined in this section, who, being the owner of the legal title to lands and premises, receives, in connection with a contract for the sale thereof and for the erection, construction, completion, alteration or repair of any building or addition thereon by such contractor, any moneys or funds by way of a loan or advance upon the security of such lands and premises for the purpose of such erection, construction, completion, alteration or repair, or who receives from the other contracting party or vendee any deposit or sum of money on account of the purchase or contract price, and no part of such moneys or funds shall be deemed or construed applicable to the payment of the cost or selling price of land, unless that part of the contract price or selling price applicable to cost or selling price of land, be specifically so stated in the contract.
(4) “Owner” means a person who has an interest in the lands or premises upon which a contractor has undertaken to erect, construct, complete, alter or repair any building or addition to a building.
(5) “Person” shall include a corporation, partnership, limited liability corporation or partnership, business trust, other association, estate trust, foundation or a natural person.
(6) “Subcontractor” means a person who enters into a contract to furnish labor and/or materials to a contractor.
38 Del. Laws, c. 169, §  1;  Code 1935, §  3652;  44 Del. Laws, c. 163, §  1;  6 Del. C. 1953, §  3501;  70 Del. Laws, c. 420, §  3;  74 Del. Laws, c. 357, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 35. BUILDING CONSTRUCTION PAYMENTS › § 3502. Payments to contractor impressed with trust.

§ 3502. Payments to contractor impressed with trust.
All moneys or funds received by a contractor in connection with a contract for the erection, construction, completion, alteration or repair of any building or for additions to a building and all moneys or funds received by a contractor in connection with a contract for the sale of land and the erection, construction, completion, alteration or repair of any building or addition thereon, shall be trust funds in the hands of the contractor.
38 Del. Laws, c. 169, §  1;  Code 1935, §  3652;  44 Del. Laws, c. 163, §  1;  6 Del. C. 1953, §  3502;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 35. BUILDING CONSTRUCTION PAYMENTS › § 3503. Use or application of money received by contractor.

§ 3503. Use or application of money received by contractor.
No contractor, or agent of a contractor, shall pay out, use or appropriate any moneys or funds described in § 3502 of this title until they have first been applied to the payment of the full amount of all moneys due and owing by the contractor to all persons (including surveyors and engineers) furnishing labor or material (including fuel) for the erection, construction, completion, alteration or repair of, or for additions to, such building, whether or not the labor or material entered into or became a component part of any such building or addition and whether or not the same were furnished on the credit of such building or addition or on the credit of such contractor.
38 Del. Laws, c. 169, §  1;  Code 1935, §  3652;  44 Del. Laws, c. 163, §  1;  6 Del. C. 1953, §  3503;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 35. BUILDING CONSTRUCTION PAYMENTS › § 3504. Contractor's failure to use or apply money in accordance with § 3503 of this title.

§ 3504. Contractor's failure to use or apply money in accordance with § 3503 of this title.
Failure of a contractor, or of an agent of a contractor, to pay or cause to be paid, in full or pro rata, the lawful claims of all persons, firms, association of persons or corporations (including surveyors and engineers), furnishing labor or material (including fuel), as required by § 3503 of this title, within 30 days after the receipt of any moneys or funds for the purposes of § 3502 of this title, shall be prima facie evidence of the payment, use or appropriation of such trust moneys or funds by the contractor in violation of the provisions of this chapter.
38 Del. Laws, c. 169, §  3;  Code 1935, §  3654;  44 Del. Laws, c. 163, §  3;  6 Del. C. 1953, §  3504;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 35. BUILDING CONSTRUCTION PAYMENTS › § 3505. Penalties.

§ 3505. Penalties.
Whoever, being a contractor, or any agent of a contractor, pays out, uses or appropriates, or consents to the paying out, use or appropriation of any moneys or funds received for any of the purposes specified in § 3502 of this title, prior to paying in full or pro rata to the extent of the moneys or funds so received, all the lawful claims of all persons (including surveyors and engineers) furnishing labor or materials (including fuel), as prescribed by § 3503 of this title, shall be fined not more than $1,000 or imprisoned not more than 3 years, or both.
38 Del. Laws, c. 169, §  2;  Code 1935, §  3653;  44 Del. Laws, c. 163, §  2;  6 Del. C. 1953, §  3505;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 35. BUILDING CONSTRUCTION PAYMENTS › § 3508. Procedure for dispute of claims.

§ 3508. Procedure for dispute of claims.
(a) If an owner or contractor disputes any amounts stated in an invoice for payment, then:
(1) The party disputing the invoice must notify the other party in writing within 7 days of the receipt of the disputed invoice; and
(2) The party disputing the invoice must be specific as to those items within the invoice that are disputed.
(b) If notice of dispute is not given within the time required by this section, then the invoice is deemed to be accepted as submitted.
(c) If notice of dispute is not given within the time required by this section, such lack of notice does not constitute acceptance of the work performed.
(d) This section shall not apply:
(1) To public works contracts awarded under Chapter 69 of Title 29;
(2) To contracts for the erection of 6 or fewer residential units which are under construction simultaneously, or for the alteration or repair of any single residential unit;
(3) To contracts for the purchase of materials by a person performing work on that person's own real property; or
(4) Where the terms of a contract specify a different procedure for disputing claims for payment.
(e) This section shall not apply where the terms of a contract between a general or prime contractor and a subcontractor specify a difference procedure for disputing claims for payment.
73 Del. Laws, c. 344, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 357, §§  7, 8;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 35. BUILDING CONSTRUCTION PAYMENTS › § 3509. Attorneys' fees and litigation costs.

§ 3509. Attorneys' fees and litigation costs.
(a) Award of attorneys' fees and arbitration costs. — If arbitration or litigation is commenced to recover payment due under § 3507 of this title and it is determined that the owner, contractor or subcontractor has failed to comply with the payment terms of § 3507 of this title, the arbitrator or court shall award damages due equal to the amount that is determined by the arbitrator or court to have been wrongfully withheld. An amount shall not be deemed to have been wrongfully withheld to the extent that it bears a reasonable relationship to the value of any disputed amount or claim held in good faith by the owner, contractor or subcontractor against whom the contractor or subcontractor is seeking to recover payment.
(b) Absent any agreements to the contrary between the parties, the arbitrator in any arbitration proceeding arising under this chapter shall award to the substantially prevailing party its reasonable attorneys' fees, arbitration costs and expenses for expert witnesses.
(c) This section shall not apply to:
(1) Public works contracts awarded under Chapter 69 of Title 29;
(2) Contracts for the erection of 6 or fewer residential units which are under construction simultaneously, or for the alteration or repair of any single residential unit; or
(3) Contracts for the purchase of materials by a person performing work on that person's own real property.
(d) This section shall not apply where the terms of a contract between a general or prime contractor and subcontractor specifies different terms regarding the award of attorney fees and litigation costs in an arbitration or judicial proceeding.
73 Del. Laws, c. 344, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 357, §§  9, 10;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 36. HOME CONSTRUCTION AND IMPROVEMENT PROTECTION › Subchapter I. New Home Buyers Protection Act › § 3601. Definitions.

§ 3601. Definitions.
As used in this subchapter:
(1) “Buyer” means any individual, partnership, corporation or trustee purchasing any estate or interest in a new residential real property or new dwelling.
(2) “Final settlement” means the time at which the parties have signed and delivered all papers and consideration to convey title to the estate or interest in a new residential real property or new dwelling.
(3) “New dwelling” means a new multi-family, single family or townhouse dwelling not previously occupied and constructed for use as a residence.
(4) “New residential real property” means any estate or interest in real property improved by a new dwelling not previously occupied and constructed for use as a residence.
(5) “Seller” means any individual, partnership, corporation or trustee transferring new residential property or a new dwelling.
(6) “Unfinished work” means a condition in a new residential real property or new dwelling which fails to comply with the work agreed upon by the vendor and/or seller in the specifications, contract terms and applicable building codes.
(7) “Vendor” means any person, firm, partnership, corporation or other entity that contracts to sell new dwellings or new residential real property.
70 Del. Laws, c. 355, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 36. HOME CONSTRUCTION AND IMPROVEMENT PROTECTION › Subchapter I. New Home Buyers Protection Act › § 3602. New home construction; unfinished work and the escrow of moneys.

§ 3602. New home construction; unfinished work and the escrow of moneys.
(a) If any unfinished work is discovered prior to or at the time of the previously agreed upon final settlement date on new residential real property or a new dwelling, the vendor and/or seller shall be required to set aside from the proceeds of the sale a sum of money equal to the contractual cost required to complete any such unfinished work. If the contract does not set forth the cost, the escrowed amount shall be the fair market value of completing said unfinished work. The escrow agreement shall specify the unfinished work at issue.
(b) Said moneys shall be held in escrow for no longer than 30 days following the completion of the unfinished work. No buyer may refuse to release moneys escrowed pursuant to this section for unfinished work not specified pursuant to subsection (a) of this section.
(c) If the unfinished work specified at the final settlement has not been remedied upon the expiration of 90 days from the date of final settlement or a date agreed upon by the parties and set forth in the escrow agreement, the moneys held in escrow pursuant to this section shall be released to the buyer.
(d) Notwithstanding the above, this section shall apply only when the estimated cost to complete said unfinished work equals 1 percent or more of the contract price or when the aggregate estimated costs of completing all unfinished work equals 1 percent or more of the contract price.
(e) This section shall not apply when a buyer unilaterally requests that settlement take place on a date prior to the previously agreed upon final settlement date.
(f) To the extent the seller/vendor and the buyer agree that the buyer may withhold, at the final settlement, moneys otherwise subject to escrow under this section, such an arrangement shall be deemed in compliance with this section.
70 Del. Laws, c. 355, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 36. HOME CONSTRUCTION AND IMPROVEMENT PROTECTION › Subchapter I. New Home Buyers Protection Act › § 3603. Remedies and penalties.

§ 3603. Remedies and penalties.
(a) In any successful action brought by a buyer for failure to acknowledge unfinished work subject to the escrow provisions of § 3602 of this title or failure to escrow the contractual cost or the fair market value required to complete the unfinished work subject to the escrow provisions of § 3602 of this title, the court may order the seller/vendor to pay the amount that should have been escrowed and the costs of litigation. To the extent a seller/vendor proves that a buyer's request to escrow under § 3602 of this title was not valid, the buyer may be liable for the seller/vendor's costs of litigation.
(b) Failure to comply with a buyer's valid request to escrow under § 3602 of this title shall constitute an unlawful practice in violation of § 2513 of this title and wilful violations of § 3602 of this title shall be punishable in accordance with § 2513 and/or § 2581 of this title. The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this subchapter as is provided by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title.
(c) The remedies and penalties provided for in this section are not exclusive and shall be in addition to any other procedures, rights or remedies which exist with respect to any other provisions of law including, but not limited to, state and/or federal criminal prosecutions and/or common law statutory actions brought by private parties.
70 Del. Laws, c. 355, §  1;  70 Del. Laws, c. 419, §  3;  77 Del. Laws, c. 282, §  9;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 36. HOME CONSTRUCTION AND IMPROVEMENT PROTECTION › Subchapter II. Home Owner’s Protection Act › § 3651. Definitions.

§ 3651. Definitions.
As used in this subchapter:
(1) “Construction” includes construction, erection, building, alteration, repair, reconstruction and destruction of improvements to real property.
(2) “Improvement” includes buildings, roads, streets, entrances and walkways of any type constructed thereon, and other structures affixed to and on land, as well as any changes to the land itself.
(3) “Residential real property” means any estate in real property improved by a dwelling for use as a residence.
70 Del. Laws, c. 419, §  4;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 36. HOME CONSTRUCTION AND IMPROVEMENT PROTECTION › Subchapter II. Home Owner’s Protection Act › § 3652. Economic loss relating to improvements to residential real property.

§ 3652. Economic loss relating to improvements to residential real property.
No action based in tort to recover damages resulting from negligence in the construction or manner of construction of an improvement to residential real property and/or in the designing, planning, supervision and/or observation of any such construction or manner of construction shall be barred solely on the ground that the only losses suffered are economic in nature.
70 Del. Laws, c. 419, §  4;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 36. HOME CONSTRUCTION AND IMPROVEMENT PROTECTION › Subchapter III. New Home Buyers Fire Protection Act [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3] › § 3681. Definitions [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3].

§ 3681. Definitions [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3].
As used in this subchapter:
(1) “Builder” means any individual, trustee, partnership, corporation, or other entity contracting with an owner for the construction of a new dwelling.
(2) “Buyer” means any individual, trustee, partnership, corporation, or other entity purchasing any estate or interest in a new dwelling.
(3) “New dwelling” means a new 1- or 2-family residential dwelling, not previously occupied, and constructed for residential use.
80 Del. Laws, c. 145, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 36. HOME CONSTRUCTION AND IMPROVEMENT PROTECTION › Subchapter III. New Home Buyers Fire Protection Act [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3] › § 3682. Disclosure of automatic fire sprinkler system information [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3].

§ 3682. Disclosure of automatic fire sprinkler system information [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3].
At the time of or prior to agreeing to final pricing for construction of a new dwelling with a buyer, a builder shall provide the buyer with a copy of written materials prepared and promulgated by the Office of the State Fire Marshal which detail the benefits an automatic fire sprinkler system. At the same time, a builder shall provide written materials including the costs associated with the installation and maintenance of an automatic fire sprinkler system. The buyer shall acknowledge receipt of the written materials in writing. Upon request of the buyer, the builder shall, at the buyer's expense, install an automatic fire sprinkler system or other requested fire suppression system.
80 Del. Laws, c. 145, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 36. HOME CONSTRUCTION AND IMPROVEMENT PROTECTION › Subchapter III. New Home Buyers Fire Protection Act [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3] › § 3683. Remedies and penalties [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3].

§ 3683. Remedies and penalties [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3].
(a) In addition to any remedies the buyer may have at law or in equity, whenever it appears to the Attorney General or Director of the Division of Consumer Protection that a person has engaged in, is engaging in or is about to engage in any act or omission in violation of this subchapter, the Attorney General or Director of the Division of Consumer Protection may institute a court proceeding or administrative proceeding in accordance with the process in subchapter II of Chapter 25 of Title 29. However, upon a finding that any person has wilfully violated this subchapter, the person shall pay for the first offense a civil penalty not less than $75 nor more than $150, and for each subsequent offense, a civil penalty not less than $100 nor more than $250. For purposes of this subchapter, a wilful violation occurs when the person committing the violation knew or should have known that the conduct was of the nature prohibited by this subchapter.
(b) The remedies and penalties provided for in this section are not exclusive and shall be in addition to any other procedures, rights or remedies which exist with respect to any other provisions of law including, but not limited to, criminal prosecutions and actions brought by private parties under common or statutory law or both. However, there shall be no liability or cause of action against a real estate licensee licensed under Chapter 29 of Title 24 or real estate brokerage arising out of or related to a builder failing to provide the information required by this subchapter or for the content of the information. Additionally, there shall be no liability or cause of action against any nonprofit builder using 0% financing to the buyer.
80 Del. Laws, c. 145, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 37. SALE OF SECONDHAND WATCHES › § 3701. Definitions.

§ 3701. Definitions.
As used in this chapter:
(1) “Consumer” means a person who buys for personal use, or for the use of another but not for resale.
(2) “Secondhand” watch means:
a. A watch which, as a whole, or the case thereof, or the movement thereof has been previously sold to a consumer; but a watch which has been so sold and is thereafter returned, either through an exchange or for credit, to the same person who sold the watch to the consumer, shall not be deemed to be a secondhand watch for the purposes of this chapter if such person keeps a written or printed record setting forth the name and address of the consumer, the date of the sale to the consumer, the date of the return by the consumer, the name of the watch or its maker, and the serial numbers, if any, or, if none, any other distinguishing numbers or identification marks on the case and on the movement of the watch; and
b. Any watch whose case or movement serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered.
(3) “Sell” includes offer to sell or exchange, expose for sale or exchange, possess with intent to sell or exchange, and sell or exchange.
41 Del. Laws, c. 198, §§  1, 2;  6 Del. C. 1953, §  3701;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 37. SALE OF SECONDHAND WATCHES › § 3702. Seller's record of watches sold to consumers; inspection.

§ 3702. Seller's record of watches sold to consumers; inspection.
The seller's record of sold watches containing the information specified in § 3701 of this title shall be kept for at least 3 years from the date of the sale of the watch and shall be open for inspection during all business hours by any member of the police department of the City of Wilmington or other peace officer of the State.
41 Del. Laws, c. 198, §  1;  6 Del. C. 1953, §  3702;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 37. SALE OF SECONDHAND WATCHES › § 3703. Tagging.

§ 3703. Tagging.
Any person, or any agent or employee thereof, who sells a secondhand watch, shall affix and keep affixed to the same a tag with the words “secondhand” legibly written or printed thereon in the English language.
41 Del. Laws, c. 198, §  2;  6 Del. C. 1953, §  3703;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 37. SALE OF SECONDHAND WATCHES › § 3704. Invoice to vendee; contents, duplicate and inspection.

§ 3704. Invoice to vendee; contents, duplicate and inspection.
Any person, or any agent or employee thereof, who sells a secondhand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers, if any, or other distinguishing numbers or identification marks on its case and movement. In the event the serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered, this shall be set forth in the invoice. A duplicate of the invoice shall be kept on file by the vendor of the secondhand watch for at least one year from the date of the sale thereof and shall be open to inspection during all business hours by any member of the police department of the City of Wilmington or other peace officer of the State.
41 Del. Laws, c. 198, §  3;  6 Del. C. 1953, §  3704;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 37. SALE OF SECONDHAND WATCHES › § 3705. Advertising.

§ 3705. Advertising.
Any person advertising in any manner secondhand watches for sale shall state clearly in such advertising that the watches advertised are secondhand watches.
41 Del. Laws, c. 198, §  4;  6 Del. C. 1953, §  3705;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 37. SALE OF SECONDHAND WATCHES › § 3706. Penalties.

§ 3706. Penalties.
Whoever violates this chapter shall be fined not less than $100 nor more than $500, or imprisoned not more than 3 months, or both.
41 Del. Laws, c. 198, §  5;  6 Del. C. 1953, §  3706;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 38. BROADCASTING SUPPLEMENTARY PUBLIC NOTICES › § 3801. Definitions.

§ 3801. Definitions.
As used in this chapter unless the context requires a different meaning:
(1) “Broadcast” means the transmission of information by means of radio or television facilities.
(2) “Notice” means any notice that is required by law to be published.
(3) “Station” means any radio or television station licensed for commercial or educational operation by the Federal Communications Commission.
6 Del. C. 1953, §  3801;  56 Del. Laws, c. 431.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 38. BROADCASTING SUPPLEMENTARY PUBLIC NOTICES › § 3802. Supplemental publication.

§ 3802. Supplemental publication.
(a) Any state or other public officer who is required by law to publish any notice, may supplement publication thereof by causing such notice or a concise summary or description thereof to be broadcast at such times and with such frequency determines to be suitable when, in the officer's judgment, the public interest is served thereby.
(b) Notices by political subdivisions of this State, cities, municipal and quasi municipal corporations, special districts and other public agencies shall be made only by stations whose primary broadcast coverage encompasses the county or counties in which the notice is required to be given.
6 Del. C. 1953, §  3802;  56 Del. Laws, c. 431;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 38. BROADCASTING SUPPLEMENTARY PUBLIC NOTICES › § 3803. Broadcast requirements.

§ 3803. Broadcast requirements.
(a) In the broadcast of the notice or material under this chapter, no reference by name to any person who is a candidate for elective public office at the time of the broadcast shall be made.
(b) Each station that broadcasts any notice or material under this chapter shall retain at its office a copy or transcription of the text of the notice or material as broadcast for a period of 6 months after the broadcast. The copy or transcript shall be available for public inspection at reasonable times.
6 Del. C. 1953, §  3803;  56 Del. Laws, c. 431.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 38. BROADCASTING SUPPLEMENTARY PUBLIC NOTICES › § 3804. Affidavit.

§ 3804. Affidavit.
Proof of publication of the notice or other material under this chapter shall be by affidavit of the owner, manager, assistant manager or program director of the station, in substantially the following form:
AFFIDAVIT OF BROADCAST
State of Delaware,
County of________________________________ ss
I, ______________________________________________________ being first duly being first duly sworn, depose and say that I am the owner, manager, assistant manager or program director of station ______________________________ a radio (television) station broadcasting from ____________________________ in the aforesaid county and state; that the notice (or other material) described as ____________________________________________ was broadcast on the following days:
(here set forth dates and times when the same was broadcast).
Subscribed and sworn to
before me ________________________________________________________________Month Day , 20________
________________________________________________________________Notary Public for Delaware
My commission expires:
____________________
6 Del. C. 1953, §  3804;  56 Del. Laws, c. 431.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 38. BROADCASTING SUPPLEMENTARY PUBLIC NOTICES › § 3805. Selection of stations.

§ 3805. Selection of stations.
All public officials performing functions under this chapter shall select stations that best assure effective publicity for the notice or material being broadcast, based on the nature of the notice or material being broadcast.
6 Del. C. 1953, §  3805;  56 Del. Laws, c. 431.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 39. NEWSPAPERS › § 3901. Publication of public notices on Sunday.

§ 3901. Publication of public notices on Sunday.
Whenever, under any general or special law or charter in this State, any person is authorized to issue or publish any newspaper or newspapers on Sunday, any and every official or public notice, rule, order, proclamation, announcement or advertisement may be published in such newspaper or newspapers on Sunday with the same legal effect in all respects as if published on any secular day of the week.
17 Del. Laws, c. 624;  Code 1915, §  2630;  Code 1935, §  3109;  6 Del. C. 1953, §  3901;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 40. PET WARRANTIES › § 4001. Definitions.

§ 4001. Definitions.
As used in this chapter, the following words shall have the meaning ascribed to them:
(1) “Clinically ill” means an illness that is apparent to a licensed veterinarian based on observation, examination, or testing of the dog.
(2) “Nonelective surgical procedure” means a surgical procedure that is necessary to preserve or restore the health of an animal or to correct a condition that would interfere with the animal's ability to walk, run, jump or otherwise function in a normal manner.
(3) “Purchaser” means any person purchasing a dog from a seller, as defined by this section.
(4) “Seller” means any person, business or other entity engaging in the sale of dogs, except that this definition does not encompass the sale of dogs on the premises of and by a public shelter, pound or other entity operating as a nonprofit organization pursuant to Delaware law. Persons selling fewer than 20 dogs, or 3 litters, whichever is greater, in a single calendar year shall be exempt from the provisions of this chapter.
72 Del. Laws, c. 293, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 40. PET WARRANTIES › § 4002. Information provided at time of sale.

§ 4002. Information provided at time of sale.
(a) Every seller shall, at the time of sale, deliver to the purchaser of each dog a written statement containing the following information:
(1) The date of the animal's birth, if known; the breeder's name and address, if known; and the date the seller received the animal, if not bred by the seller. If the seller does not know the name and address of the breeder, then the seller must provide the name and address of the person who sold or gave the animal to the seller.
(2) The breed, sex and color of the animal, and identifying marks existing at the time of sale, if any. If the animal is from a United States Department of Agriculture licensed source, the statement shall contain the individual identifying tag, tattoo or collar number for that animal. If the breed is unknown or mixed, the record shall so indicate.
(3) If the animal is being sold as registrable, the names and registration numbers of the sire and dam, and the litter number.
(4) A record of any inoculations and worming treatments administered to the animal as of the time of sale, to the extent known, including dates of administration and the type of vaccine or worming treatment.
(5) A record of any diagnosis, treatment or medication received by the animal from a licensed veterinarian while in the possession of the seller.
72 Del. Laws, c. 293, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 40. PET WARRANTIES › § 4003. Seller disclosure.

§ 4003. Seller disclosure.
(a) Upon the sale of a dog by any seller, a written disclosure signed and dated by the seller and purchaser shall be provided at the time of sale, which shall include:
(1) A statement by the seller:
a. That the animal has no known disease or illness, nor any known congenital or hereditary condition that adversely affects the health of the animal at the time of sale or is likely to adversely affect the health of such animal in the future; or
b. Of any known disease, illness or congenital or hereditary condition that adversely affects the health of the animal at the time of sale or is likely to adversely affect the health of the animal in the future.
(b) If the animal has not received a veterinary examination prior to sale, this fact shall be disclosed to the purchaser in writing.
72 Del. Laws, c. 293, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 40. PET WARRANTIES › § 4004. Record keeping.

§ 4004. Record keeping.
A seller shall maintain the written record on the health, status and disposition of each dog sold by the seller for a period of not less than 2 years following such sale. The record shall also contain all of the information required to be disclosed pursuant to §§ 4002 and 4003 of this title. Those records shall be available to animal welfare officers and law-enforcement officers for inspection and copying during normal business hours.
72 Del. Laws, c. 293, §  1;  80 Del. Laws, c. 248, § 2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 40. PET WARRANTIES › § 4005. Purchaser remedies.

§ 4005. Purchaser remedies.
(a) A purchaser is entitled to a remedy from a seller pursuant to this section if after the purchase of a dog from such seller, 1 of the following subdivisions becomes applicable.
(1) Within 20 days after purchase of the animal, a licensed veterinarian states in writing that the animal suffers or has died from an illness, disease or other defect adversely affecting the animal's health that existed in the animal on or before delivery to the purchaser. Intestinal or external parasites shall not be considered to adversely affect an animal's health unless their presence makes the animal clinically ill.
(2) Within 2 years after purchase of the animal, a licensed veterinarian states in writing that the animal possesses or has died from a congenital or hereditary condition adversely affecting the health of the animal or that requires hospitalization or nonelective surgical procedures.
(b) A purchaser entitled to a remedy pursuant to this section may elect only 1 of the following remedies:
(1) Return the animal to the seller for a full refund of the purchase price and reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal.
(2) Exchange the animal for another one of purchaser's choice having comparable value, providing such replacement animal is available, and receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal; or
(3) Retain the animal and receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal.
(c) For purposes of this section, the veterinary fees shall be deemed reasonable if the services rendered are appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition made by the veterinarian and the cost of such services is comparable to that charged for similar services by other licensed veterinarians in proximity to the treating veterinarian. A veterinary fee shall be presumed reasonable in the absence of evidence to the contrary.
(d) Refunds and payment of reimbursable expenses pursuant to this section shall be made by the seller to the purchaser not later than 10 business days following receipt of the veterinarian's statement required by § 4006 of this title, except in cases in which the entitlement to a remedy is contested pursuant to § 4008 of this title.
72 Del. Laws, c. 293, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 40. PET WARRANTIES › § 4006. Purchaser's obligations.

§ 4006. Purchaser's obligations.
To obtain remedies under § 4005 of this title, the purchaser shall comply with all of the following requirements:
(1) Notify the seller as soon as practicable, but in no case more than 10 days after the diagnosis by a licensed veterinarian of a medical or health problem, including a congenital or hereditary condition, for which a remedy is requested. Such notice shall include the name and telephone number of the veterinarian providing the diagnosis.
(2) In the case of illness or disease, provide a written statement from a licensed veterinarian within 10 days of diagnosis stating that the animal is clinically ill, suffers from a congenital or hereditary condition, or has symptoms of a contagious infectious disease that existed on or before delivery to the purchaser and that adversely affects the health of the animal. At the request of the seller, the purchaser shall also take the animal for an examination by a licensed veterinarian of the seller's choice. The cost of such examination shall be paid by the seller. In the case of death, the seller may have his or her veterinarian perform a necropsy, and all other provisions of this section shall apply.
(3) The veterinarian's statement required under this section shall include all of the following:
a. The purchaser's name and address.
b. The date or dates on which the animal was examined.
c. The breed and age of the animal, if known.
d. That the veterinarian examined the animal.
e. That the animal has or had an illness or condition subject to a remedy under § 4005 of this title.
f. The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports.
72 Del. Laws, c. 293, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 40. PET WARRANTIES › § 4007. Limitations.

§ 4007. Limitations.
(a) Notwithstanding any other provisions of this chapter, no refund, replacement or reimbursement of veterinary fees shall be made under any of the following conditions:
(1) The illness or death resulted from maltreatment or neglect or from an injury sustained or an illness contracted subsequent to the delivery of the animal to the purchaser.
(2) The purchaser fails to carry out the recommended treatment prescribed by the examining veterinarian who made the initial diagnosis. However, this paragraph shall not apply if the cost for such treatment, together with the veterinarian's fee for diagnosis, would exceed the purchase price of the animal.
(3) The illness, disease or condition was disclosed at the time of sale pursuant to § 4003 of this title.
(4) The purchaser fails to return to the seller all documents previously provided to the purchaser for the purpose of registering the animal.
(b) If a refund for reasonable veterinary expenses is being requested, the veterinary statement shall be accompanied by an itemized bill of fees appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition which is the subject of the remedy requested pursuant to this chapter.
72 Del. Laws, c. 293, §  1;