reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 51 - Anti-freeze › Section 39-51-100. Stop sale or withdrawal from distribution order; release of antifreeze upon compliance; condemnation procedure.

(a) When the Commissioner finds any antifreeze being distributed in violation of Section 39-51-90 or any rule of the Department of Agriculture, he may issue and enforce a written or printed "stop sale" or "withdrawal from distribution" order, warning the distributor not to dispose of any of the lot of antifreeze in any manner until written permission is given by the Commissioner or the court. Copies of such orders shall also be sent by registered mail to the registrant and to the person whose name and address appears on the labeling of the antifreeze. The Commissioner shall release for distribution the lot of antifreeze so withdrawn when the provisions of Section 39-51-90 and applicable rules are complied with. If compliance is not obtained within thirty days, the Commissioner may begin proceedings for condemnation.
(b) Any lot of antifreeze not in compliance with such provisions and regulations shall be subject to seizure upon complaint of the Commissioner, or any of his agents, to the circuit court in the county in which such antifreeze is located. In the event the court finds the antifreeze to be in violation of this chapter, it may then order the condemnation of such antifreeze and it shall be disposed of in any manner consistent with the rules and regulations of the Commissioner and the laws of the State; provided, however, that in no instance shall the disposition of such antifreeze be ordered by the court without first giving twenty days' notice, by registered mail at his last known address, to the owner, if he is known to the Commissioner and to the registrant, if the antifreeze is registered, at the address shown on the label or on the registration certificate, so that such persons may apply to the court for the release of such antifreeze or for permission to process or relabel such antifreeze so as to bring it into compliance with this chapter.
(c) Nothing in this chapter shall be construed as requiring the Commissioner to institute legal proceedings whenever he believes that the public interest will be best served by a suitable notice of warning in writing to the registrant or the person whose name and address appears in the label.
HISTORY: 1975 (59) 567.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 51 - Anti-freeze › Section 39-51-110. Commissioner may require disclosure of formula of antifreeze.

The Commissioner may, if required for the analysis of antifreeze for the purposes of registration, require the applicant to furnish a statement of the formula of such antifreeze, unless the applicant can furnish other satisfactory evidence that such antifreeze is not adulterated or misbranded. Such statement need not include inhibitor or other minor ingredients which total less than five percent by weight of the antifreeze, and if over five percent, the composition of the inhibitor and such other ingredients may be given in generic terms. All statements, pertaining to the formula furnished under this section, shall be privileged and confidential and shall not be made public or open to the inspection of any person other than the Commissioner. No such statement shall be subject to subpoena nor shall the same be exhibited or disclosed before any agency or court by virtue of any order or subpoena of an agency or court unless with the consent of the applicant furnishing such statement to the Commissioner. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed fifty dollars for a first offense and in an amount not to exceed one hundred dollars for each subsequent offense.
HISTORY: 1975 (59) 567.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 51 - Anti-freeze › Section 39-51-120. Penalties.

Except where otherwise provided by this chapter, any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars or by imprisonment for thirty days, or both. For a second or subsequent violation such person shall be subject to imprisonment for not more than sixty days, or a fine of not more than two hundred dollars, or both.
HISTORY: 1975 (59) 567.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-10. Definitions.

As used in this chapter unless the context otherwise requires:
(1) A "blind-made product" shall be one which in its manufacture and packaging involves not less than seventy-five percent of blind workers of the total personnel engaged in the direct labor of manufacturing and packaging of the product.
(2) A "blind person" shall be one who has visual acuity not to exceed twenty-two hundredths in the better eye with correcting lenses or visual acuity greater than twenty-two hundredths but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.
HISTORY: 1962 Code Section 71-300.2; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-20. Exceptions to Section 39-53-10.

The provisions of Section 39-53-10 shall not apply to the sale, or the offer to sell, merchandise or products known as "blinds," nor to persons whose given individual names are "Blind."
HISTORY: 1962 Code Section 71-300.3; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-30. Falsely representing products to be blind-made products is unlawful.

It shall be unlawful for any person to sell, or offer to sell, any merchandise or other products, which are represented to be blind-made products, unless the merchandise or other products have been actually made or manufactured by blind persons.
HISTORY: 1962 Code Section 71-300.1; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-40. Commission for the Blind shall verify articles sold.

The Commission for the Blind (Commission) shall verify that every article sold by any person meets the prescribed standards set forth herein and that such article be listed with the Commission.
HISTORY: 1962 Code Section 71-300.4; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-50. Certain information is submitted by vendors of blind-made products; removal of inferior merchandise from sale.

Each applicant shall submit at the time of initial application, and at least annually thereafter, or whenever required by the Commission, a list and description itemizing each finished product including the sale price, and source of production, which he intends to sell as a "blind-made product." The Commission may request the vendor to submit individual items or the manufacturing site for examination. The Commission may also require a registered vendor to remove inferior merchandise from sale to the public. Failure to comply with such a requirement will result in suspension of the permit.
HISTORY: 1962 Code Section 71-300.5; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-60. Vendors organized to sell blind-made products shall not stock merchandise not made by blind.

Vendors organized to sell blind-made products shall not carry in stock or sell merchandise which is not made or identified as having been made by blind persons. Such vendors shall not be eligible for registration or license under this chapter.
HISTORY: 1962 Code Section 71-300.6; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-70. Official labels for blind-made products.

To facilitate identification of products made by blind persons, any person engaged in the manufacture, distribution or sale of blind-made products shall apply to the Commission for a permit to use an official label approved by the Commission to identify each product made by a blind person.
HISTORY: 1962 Code Section 71-300.7; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-80. Investigation of applicants by Commission.

Each person making application shall be investigated by the Commission and required to provide such information, in such form as the Commission may require, to determine if such person is engaged in the manufacture or distribution of blind-made products.
HISTORY: 1962 Code Section 71-300.8; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-90. Blind-made products must be labeled.

Any blind craftsman or any person registered with the Commission who is engaged in the manufacture or distribution of blind-made products shall be required to imprint or otherwise affix labels thereto containing the words "made or manufactured by a blind workman," or similar words, to which shall be added the name of the manufacturer, the place of manufacture and such other information as the Commission may prescribe. No blind-made products shall be sold unless the product is identified by such label or imprint. Any person may request in writing for a hearing before the Commission.
HISTORY: 1962 Code Section 71-300.9; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-100. Sale representatives shall carry credentials.

Sale representatives calling upon the public to sell or deliver blind-made products shall carry an identification as prescribed by the Commission indicating the name and address of the organization, the name of the individual representative, a description of the individual and a photograph and the registration number indicating that this is a sales permit for products made by a blind craftsman.
HISTORY: 1962 Code Section 71-300.10; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-110. Licensing of nonresidents from states having similar requirements.

The Commission may register and license without investigation, nonresident persons purporting to manufacture blind-made products, provided it has received proof that such person is approved by the state of his residence and has requirements substantially similar to those prescribed in this chapter.
HISTORY: 1962 Code Section 71-300.10:1; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-120. Applications by nonresidents from states not having similar requirements.

In the absence of such provision in another state the applicant shall furnish written evidence from the agency for blind in the state of origin, or from other sources acceptable to the Commission, a notarized statement or affidavit that the product to be sold is in fact blind-made and otherwise meets the requirements set forth in this chapter.
HISTORY: 1962 Code Section 71-300.10:2; 1972(57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-130. Persons exempt from payment of fees.

No fee shall be charged for the registration and licensing of an individual blind person who manufactures and sells products of his own labor.
HISTORY: 1962 Code Section 71-300.10:3; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-140. Annual registration fee; renewal of license.

An annual fee of ten dollars shall be charged and collected at the time of registration of any other person. All such registrations shall be valid for one year from the date of issue and requests for renewal shall be submitted at least sixty days prior to its due date. Licenses not renewed as set forth herein may have their renewal date delayed at least two hundred and thirty days.
HISTORY: 1962 Code Section 71-300.10:4; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-150. Suspension of license.

Upon receipt of evidence indicating noncompliance with the requirements of this chapter, the Commission may suspend the vendor's registration and license. A hearing on the suspension shall be held within ten days after official notice and decision shall be rendered within twenty days after the hearing. During the period of suspension the vendor shall desist from further sales of blind-made products.
HISTORY: 1962 Code Section 71-300.10:5; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-160. Soliciting money contributions by licensed vendor is prohibited.

Use of registration and license to solicit or receive money contributions by any person selling blind-made products is prohibited and such person shall have his license to sell such products suspended for ninety days for an initial offense and indefinitely for a second or subsequent offense.
HISTORY: 1962 Code Section 71-300.10:6; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-170. Chapter not applicable to certain organizations.

The provisions of this chapter shall not apply to, nor in any way prevent, any civic or service organization from selling products, the net proceeds of which are intended for the benefit of the blind.
HISTORY: 1962 Code Section 71-300.10:7; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 53 - Products Made By Blind Persons › Section 39-53-180. Penalties.

Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one hundred dollars or by imprisonment for a term not to exceed thirty days.
HISTORY: 1962 Code Section 71-300.10:8; 1972 (57) 2463.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 54 - Assistive Technology Warranty Act › Section 39-54-30. Manufacturers' warranties.

A manufacturer who sells an assistive technology device to a consumer, either directly or through an assistive technology device dealer, shall furnish the consumer with an express written warranty for the assistive technology device. At a minimum, the warranty shall guarantee that there are no defects in parts or performance. The duration of the express written warranty must be not less than one year after the first delivery of the assistive technology device to the consumer. In the absence of an express written warranty from the manufacturer, the assistive technology device shall be considered to have been expressly warranted by the manufacturer as if the manufacturer had explicitly furnished the warranty to the consumer as required by this section. All other requirements in this section will govern the product that is statutorily considered expressly warranted. Assistive technology dealers and lessors shall have the right to reimbursement or compensation from the manufacturer or other prior parties in the sales or distribution chain. It is expressly understood that assistive technology devices that are sold in an "as is" condition, and is so stated on the bill of sale, carry no warranty unless one is specifically stated on the bill of sale.
HISTORY: 1998 Act No. 403, Section 1, eff June 8, 1998.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 54 - Assistive Technology Warranty Act › Section 39-54-50. Availability of other consumer rights and remedies; damages.

(A) This chapter must not be considered to limit rights or remedies available to a consumer under any other law or contract.
(B) A waiver by a consumer of rights under this chapter is void.
(C) In addition to pursuing another remedy, a consumer may bring an action to recover for damages caused by a violation of this chapter. The court shall award a consumer who prevails in the action twice the amount of pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate.
HISTORY: 1998 Act No. 403, Section 1, eff June 8, 1998.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 54 - Assistive Technology Warranty Act › Section 39-54-60. Exceptions.

This chapter does not apply to:
(1) Hearing aid specialists licensed to fit and sell hearing aids pursuant to Chapter 25 of Title 40. Nothing in this chapter is in lieu of or shall conflict with or supersede Chapter 25 of Title 40 and the rights of those persons licensed under Chapter 25 of Title 40 or regulations promulgated pursuant to Chapter 25 of Title 40.
(2) Speech pathologists and audiologists licensed to fit and dispense hearing aids pursuant to Chapter 67 of Title 40. Nothing in this chapter is in lieu of or shall conflict with or supersede Chapter 67 of Title 40 and the rights of those persons licensed under Chapter 67 of Title 40 or regulations promulgated pursuant to Chapter 67 of Title 40.
(3) Any medical device, surgical device, or organ implanted or transplanted to the consumer.
HISTORY: 1998 Act No. 403, Section 1, eff June 8, 1998.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 57 - Business Opportunity Sales Act › Section 39-57-40. Surety bond or trust account requirements.

If the business opportunity seller makes any of the representations set forth in Section 39-57-20 (3), the seller must either have obtained a surety bond issued by a surety company authorized to do business in this State or have established a trust account with a licensed and insured bank or savings institution located in the State. The amount of the bond or trust account shall be an amount not less than fifty thousand dollars. The bond or trust account shall be in favor of the State. Any person who is damaged by any violation of this chapter or by the seller's breach of the contract for the business opportunity sale or of any obligation arising therefrom may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account.
HISTORY: 1980 Act No. 474, Section 4.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 57 - Business Opportunity Sales Act › Section 39-57-50. Registration and filing information with Secretary of State; penalty for failure to file.

(A) The seller of every business opportunity shall file with the Secretary of State a copy of the disclosure statement required by Section 39-57-30 before placing an advertisement or making other representations to prospective purchasers in this State and shall update this filing as a material change in the required information occurs, but no less than biennially. If the seller is required by Section 39-57-40 to provide a bond or establish a trust account, he contemporaneously shall file with the Secretary of State a copy of the bond or a copy of the formal notification by the depository that the trust account is established. The Secretary of State shall charge a nonrefundable filing fee of one hundred dollars for processing and maintaining the information filed by the seller.
(B) The Secretary of State shall maintain a record of all sellers registering under this chapter and shall assign a registration number to each. The seller must be advised in writing of the assigned registration number, and advertisements, pamphlets, or brochures used in the promotion of the business opportunity by the seller must include the assigned registration number in the following manner: "S.S. Reg. No. __________."
(C) A person who fails to file is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day a person fails to file constitutes a separate offense.
HISTORY: 1980 Act No. 474, Section 5; 1988 Act No. 604, Section 2, eff June 1, 1988; 1992 Act No. 501, Part II Section 9E, eff July 1, 1992.
Effect of Amendment
The 1988 amendment made grammatical changes and in subsection (a) added the last sentence relating to a nonrefundable filing fee.
The 1992 amendment changed the filing period from annual to biennial and changed the filing fee from $50 to $100.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 57 - Business Opportunity Sales Act › Section 39-57-60. Seller prohibited from certain representations and acts.

Business opportunity sellers shall not:
(1) Represent that the business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses this data to the prospective purchaser at the time such representations are made;
(2) Use the trademark, service mark, trade names, logotype, advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller in regard to the business opportunity, unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the sale of the business opportunity;
(3) Make or authorize the making of any reference to its compliance with this article in any advertisement or other contact with prospective purchasers other than by setting forth the registration number as provided in Section 39-57-50(b);
(4) Identify any person as having profited from the business opportunity offered without providing a current address of such person, a description of the circumstances under which the profit was earned and disclosure of any interest held by such person in the business opportunity offered by seller.
HISTORY: 1980 Act No. 474, Section 6.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 57 - Business Opportunity Sales Act › Section 39-57-70. Business opportunity contracts to be in writing; terms to be included.

(a) Every business opportunity contract shall be in writing and a copy shall be given to the purchaser at the time he signs the contract.
(b) Every contract for a business opportunity shall include the following:
(1) The terms and conditions of payment;
(2) A detailed description of the services that the business opportunity seller undertakes to perform for the purchaser;
(3) The seller's principal business address and the name and address of its agent in the State authorized to receive service of process;
(4) The approximate delivery date of any product, equipment or supplies the business opportunity seller is to deliver to the purchaser.
HISTORY: 1980 Act No. 474, Section 7.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 57 - Business Opportunity Sales Act › Section 39-57-80. Purchaser may void contract; actions for damages; violations constitute unfair trade practice.

(a) If a business opportunity seller uses any untrue or misleading statements in the sale of a business opportunity, or fails to give the disclosures required by Section 39-57-30, or fails to deliver the equipment, supplies or products necessary to begin substantial operation of the business within forty-five days of the delivery date stated in the business opportunity contract, or if the contract does not comply with the requirements of Section 39-57-70, then, within one year of the date of the contract, upon written notice to seller, the purchaser may void the contract and shall be entitled to receive from the business opportunity seller all sums paid to the business opportunity seller. Upon receipt of such sums, the purchaser shall make available to the seller at purchaser's address or at the places at which they are located at the time notice is given, all products, equipment or supplies received by the purchaser. The purchaser, however, shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection.
(b) Any purchaser injured by a violation of this chapter or by the business opportunity seller's breach of a contract or any obligation arising therefrom may bring an action for recovery of damages, including reasonable attorneys' fees.
(c) Upon complaint of any person that a business opportunity seller has violated this chapter, the court of common pleas shall have jurisdiction to enjoin the defendant from further violations.
(d) The remedies provided herein shall be in addition to any other remedies provided for by law or in equity.
(e) The violation of any provisions of this chapter shall constitute an unfair trade practice under Section 39-5-20 of the 1976 Code.
HISTORY: 1980 Act No. 474, Section 8.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-10. Definitions.

As used in this chapter:
(1) "Current Model" means a model listed in the wholesaler's, manufacturer's, or distributor's sales manual or any supplements to the manuals.
(2) "Current Net Price" means the price listed in the wholesaler's, manufacturer's, or distributor's current price list or catalog in effect at the time the contract is cancelled or discontinued, less any applicable trade and cash discounts.
(3) "Retailer" means any person engaged in the business of selling and retailing farm implements, machinery, utility and industrial, and yard and garden equipment, attachments or repair parts. The term also includes any person engaged in such business, his heirs, personal representative, or his guardian or the major stockholder of the business.
(4) "Inventory" means farm implements, machinery, utility and industrial, and yard and garden equipment, attachments, or repair parts.
(5) "Net Cost" means the price the retailer paid for the merchandise to the wholesaler, manufacturer, or distributor, less all applicable discounts allowed, plus the freight costs from the wholesaler, manufacturer, or distributor location to the retailer's location plus reasonable cost to assemble or disassemble.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-20. Repurchase of inventory upon termination of franchise agreement.

Whenever any retailer enters into a franchise agreement, evidenced by a written contract, or oral contract with a wholesaler, manufacturer, or distributor wherein the retailer agrees to maintain an inventory and the contract is terminated, the wholesaler, manufacturer, or distributor shall repurchase the inventory as provided in this chapter. The retailer may keep the inventory if he desires. If the retailer has any outstanding debts to the wholesaler, manufacturer, or distributor, then the repurchase amount may be credited to the retailer's account.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-30. Repurchase of inventory within ninety days; handling costs.

The wholesaler, manufacturer, or distributor shall repurchase the inventory previously purchased from him and held by the retailer within ninety days of the date of termination of the contract by either party. The wholesaler, manufacturer, or distributor shall pay one hundred percent of the net cost of all new, unsold, undamaged, and complete farm implements, machinery, utility, and industrial equipment, and attachments, ninety percent of the current net price of all new, unused, undamaged repair parts, and eighty-five percent of the new price of superseded parts. The wholesaler, manufacturer, or distributor shall pay the retailer five percent of the current net price on all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading. The wholesaler, manufacturer, or distributor may perform the handling, packing, and loading in lieu of paying the five percent for the services.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-40. Repurchase amount due within thirty days; title to inventory.

The wholesaler, manufacturer, or distributor shall make payment of the full repurchase amount to the retailer not later than thirty days after the receipt of inventory as provided for in Section 39-59-30. Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the wholesaler, manufacturer, or distributor.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-50. Limitations upon repurchase of certain inventory.

The provisions of this chapter do not require the repurchase from a retailer of:
(1) Any repair part with a limited storage life or otherwise subject to deterioration, such as gaskets or batteries, but not industrial "press on" or industrial pneumatic tires;
(2) Any single repair part which is priced as a set of two or more items;
(3) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;
(4) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the wholesaler, manufacturer, or distributor, of clear title, free and clear of all claims, liens, and encumbrances;
(5) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;
(6) Any farm implements, machinery, utility, and industrial equipment, and attachments which are not in new, unused, undamaged, complete condition;
(7) Any repair parts which are not in new, unused, undamaged condition;
(8) Any farm implements, machinery, utility, and industrial equipment, yard, and garden equipment, or attachments which were purchased thirty-six months or more prior to notice of termination of the contract;
(9) Any inventory which was ordered by the retailer on or after the actual receipt of the date of notification of termination of the contract;
(10) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer, or distributor.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-60. Liability for failure to make timely repurchase of inventory.

If any wholesaler, manufacturer, or distributor fails or refuses to repurchase any inventory covered under the provisions of this chapter within the time periods established in Section 39-59-30, he is civilly liable for one hundred percent of the current net price of the inventory, plus any freight charges paid by the retailer, the retailer's reasonable attorney's fees, court costs, and interest on the current net price computed at the legal rate of interest from the ninety-first day after contract termination.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-70. Repurchase of inventory upon death or incapacity of retailer.

In the event of the death or incapacity of the retailer or the majority stockholder of a corporation operating as a retailer, the wholesaler, manufacturer, or distributor shall repurchase, at the option of the heir or retailer, as defined in item (3) of Section 39-59-10, the inventory from the heir or retailer, of the retailer or majority stockholder as if the wholesaler, manufacturer, or distributor had terminated the contract. The heir or retailer has one year from the date of the death of the retailer or majority stockholder to exercise his option under this chapter. Nothing in this chapter requires the repurchase of any inventory if the heir or retailer and wholesaler, manufacturer, or distributor enter into a new contract to operate the retail dealership.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-80. Security interests in inventory.

The provision of this chapter may not be construed to affect in any way any security interest which the wholesaler, manufacturer, or distributor may have in the inventory of the retailer, and any repurchase is not subject to the provisions of Chapter 6 of Title 36. The retailer, wholesaler, manufacturer, or distributor may furnish a representative to inspect all parts and certify their acceptability when packed for shipment.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-90. Audit of books or records.

The wholesaler, manufacturer, or distributor has no more than ninety days to audit the books or records regarding any pay-offs, floor plans material or goods and to make any collections from them. If the retailer is involved in any promotional contest or promotion scheme, the wholesaler, manufacturer, or distributor has no more than ninety days to audit any books or records in order to determine compliance with the regulations of the contest or scheme in order to make any collections from them. The ninety day period shall run concurrently with the time period provided for in Section 39-59-30.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-100. Warranty claims.

All warranty claims made by the retailer to the wholesaler, manufacturer, or distributor, for labor and parts must be paid within thirty days following their approval. All warranty claims must be either approved or disapproved within thirty days after their receipt, and any claim not specifically disapproved in writing within thirty days after the receipt must be construed to be approved and payment must follow within thirty days. Any part that is subject to a warranty claim and the retailer is required by the manufacturer to hold a part or parts for inspection, the inspection must be accomplished within sixty days from the date of the filing of the subject claim, otherwise the retailer has the right to scrap such parts without prejudicing the claim.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-110. Indemnification of retailer.

A wholesaler, manufacturer, or distributor shall fully indemnify and hold harmless its retailer against any losses, including but not limited to: court costs and reasonable attorney's fees, or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty (express or implied), or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this chapter, parts or accessories, or other functions by the manufacturer, beyond the control of the dealer.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-120. Legal remedy for violation of chapter.

Notwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver, and any other legal remedies available, any person who is injured in his business or property by a violation of this chapter by the commission of any unfair and deceptive trade practices, or because he refuses to accede to a proposal for an arrangement which, if consummated, is in violation of this chapter, may bring a civil action in a court of competent jurisdiction in this State to enjoin further violations, to recover the damages sustained by him together with the costs of the suit, including a reasonable attorney's fee.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 59 - Franchise Agreements Relating To Retail And Repurchase Of Farm Implements, Etc. › Section 39-59-130. Limitations period.

Any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the facts constituting a violation of the provisions of this chapter.
HISTORY: 1984 Act No. 326.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-20. Definitions.

As used in this chapter:
(a) "Administrator" means the Administrator of the Department of Consumer Affairs.
(b) "Club" means a person engaged in selling, furnishing, or making available to members, either as principal or agent, motor club services. This definition does not include an entity that enters into a service contract with a club licensed under this chapter for the provision of emergency road service and towing service to the customers of the entity.
(c) "Club representative" means any individual in this State designated by the club who acts or aids in any manner in the solicitation, negotiation, or renewal of service contracts. This definition does not include any individual performing only work of a clerical nature in the office of a club or providing an application to a potential club member.
(d) "Insurance service" means any act by a club to sell or furnish to a member insurance benefits, including, but not limited to, accidental injury and death benefits when the insurance is issued only by an insurance company duly authorized to do business in this State.
(e) "Motor club service" means the rendering, furnishing, or procuring of, or reimbursement for, any of the following: towing service, bail and arrest bond service, emergency road service, claim adjustment service, legal service, theft service, map service, emergency travel expense service, community traffic safety service, license service, merchandise and discount service, travel, touring, and travel information service, guaranteed hotel/motel rates service, new car pricing service, financial service, check cashing service, personal property registration service, credit card service, insurance service, and buying and selling service to any member of the club.
(f) "Service contract" means any written agreement whereby any club, for a consideration, promises to render, furnish, or procure for any member a motor club service.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988; 2012 Act No. 127, Section 1, eff March 13, 2012.
Effect of Amendment
The 2012 amendment rewrote subsection (b).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-30. Deposit of cash, securities, or bonds.

A club may not render or agree to render a motor club service without first depositing and thereafter continuously maintaining the amount of fifty thousand dollars in cash or securities approved by the Administrator or, in lieu thereof, a bond in the amount of fifty thousand dollars executed by a surety company authorized by the laws of this State to transact business within this State. The bond must be executed to the State of South Carolina and must be for the use of the State and for any members who may have a cause of action against the club.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-40. Security; required assurances.

The security:
(a) Must be for the protection, use, and benefit of all persons whose applications for membership in a motor club have been accepted by the club or its representatives.
(b) Shall assure that the club faithfully furnishes and renders to members any and all of the motor club services furnished, sold, or offered for sale by it.
(c) Shall assure that the club complies with and abides by all the provisions of this chapter and all the regulations of the Administrator prescribed, published, adopted, and promulgated under authority of this chapter.
(d) Shall assure that the club pays all fines and penalties that may become due to the State from the club and by virtue of the provisions of this chapter.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-50. Suits by aggrieved members; aggregate liability.

If any member is defrauded or aggrieved by any misconduct, wrongful act, misrepresentation, or failure of the club to render its services or fulfill its contractual obligations, the member may bring suit on the security in his own name, but the aggregate liability of the surety for all suits may, in no event, exceed the amount of the bond.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-60. Submission and approval of club name.

The name of the club must be submitted to the Administrator with its application for a certificate of authority, and the Administrator shall approve any name so submitted unless the proposed name is deceptively similar to that of any other club licensed or qualified to do business in this State or unless the name is likely to confuse or mislead the public.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-70. Application for, and issuance of, certificate of authority; fee.

(a) No club may offer, issue, or renew a motor club service contract in this State without first obtaining from the Administrator a certificate of authority so to act. A certificate of authority must be issued by the Administrator to the club upon submission of items (1) through (6) of this subsection (a) in a form satisfactory to the Administrator. The applicant shall submit:
(1) A formal application for the certificate in the form and detail the Administrator requires, executed under oath by its president and secretary or two other principal officers of the club or other persons the Administrator may require.
(2) A certified copy of its charter or articles of incorporation and its bylaws, if any.
(3) If a corporation, a certified copy of the certificate of authority or good standing certificate from the Secretary of State.
(4) A copy of its most recent financial statement prepared in accordance with generally accepted accounting principles and certified by two principal officers of the applicant or, in the event the applicant is not a corporation, other persons as the Administrator may require.
(5) An explanation of its plan of doing business and copies of the following:
(i) Its application for membership.
(ii) The proposed membership certificate or identification card and any proposed addendum thereto.
(iii) Any individual insurance policy or group certificate to be offered.
(iv) Any service contract to be issued.
(6) Any other relevant information requested by the Administrator.
(b) No certificate of authority may be issued by the Administrator until the club has paid an initial certificate of authority fee of five hundred dollars.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-80. Certificates of authority permanent unless suspended or revoked; renewal requirements.

Certificates of authority issued hereunder are permanent unless revoked or suspended as provided in this chapter. No certificate of authority may be renewed by the Administrator until the club has:
(a) Paid an annual certificate of authority renewal fee of five hundred dollars by October thirty-first.
(b) Filed a copy of its most recent financial statement prepared in accordance with generally accepted accounting principles and certified by two principal officers of the club or, in the event the applicant is not a corporation, other persons as the Administrator may require.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-90. Service of process.

(a) Serving of process in any action, rule, order, or legal proceeding may be made on any club not domiciled in this State having a certificate of authority to transact business in this State by mailing two copies of the process to the Administrator by registered or certified mail. One copy, certified by the Administrator or his deputy as having been served upon him, is considered sufficient evidence, and service upon the Administrator or his deputy as attorney is considered valid service upon the club.
(b) When legal process is served upon the Administrator as attorney for a club not domiciled in this State, he shall forthwith forward one of the duplicate copies of the process served on him to the club. The Administrator shall give immediate notice of process to the club by telephone. As a condition of valid and effective service and of the duty of the Administrator in the premises, the plaintiff in each process shall pay to the Administrator at the time of service the sum of ten dollars, which the plaintiff may recover as taxable costs in the case if he prevails in the suit. The Administrator shall keep a record of all processes, which shall show the day and hour of service and where and by whom served.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.