reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 15. Contracts › §15-562. Contract of sale valid, when.

All contracts of sales for future delivery of cotton, grain, stocks or other commodities (1) made in accordance with the rules of any board of trade, exchange or similar institution where such contracts of sale are executed and (2) actually executed on the floor of such board of trade, exchange or similar institution and performed or discharged according to the rules thereof; and (3) when such contracts of sale are placed with or through a regular member in good standing of a cotton exchange, grain exchange, board of trade or similar institution organized under the laws of the State of Oklahoma or any other state shall be, and they are hereby declared to be valid and enforceable in the courts of this state according to their terms. Provided, that contracts of sale for future delivery of cotton in order to be valid and enforceable as provided herein must not only conform to the requirements of clauses (1) and (2) of this section, but must also be made subject to the provisions of the United States Cotton Futures act, approved August 11th, 1916; provided further, that if this clause should for any reason be held inoperative then contracts for the future delivery of cotton shall be valid and enforceable if they conform to the requirements of clauses one and two of this section.
Laws 1917, c. 97, p. 146, § 2.
2023 Oklahoma Statutes › Title 15. Contracts › §15-563. Brokers - Parties liable.

Any broker, agent or any other person making advances to or for account of any party to any contract falling within and satisfying the provisions of the preceding section shall be entitled to recover the amount of such advances from the party to, or for account of whom, the advances were made.
Laws 1917; c. 97, p. 147, § 3.
2023 Oklahoma Statutes › Title 15. Contracts › §15-564. Contract of sale - When invalid.

Any contract of sale for the future delivery of cotton, grain, stocks or other commodities, which is to be settled according to or upon the basis of the public market quotations or prices made on any board of trade, exchange or similar institutions, upon which contracts of sale for future delivery are executed and dealt in without any actual bonifide execution and the carrying out or discharge of such contracts upon the floor of such exchange, board of trade, or similar institution in accordance with the rules thereof, shall be null and void and unenforceable in any court of this state, and no action shall lie thereon at the suit of any party thereto.
Laws 1917, c. 97, p. 147, § 4.
2023 Oklahoma Statutes › Title 15. Contracts › §15-565. Bucket shops defined and prohibited.

A "bucket shop" is hereby defined to be and mean any place of business wherein are made contracts of the sort or character denounced by the preceding Section 4, of this act, and the maintenance or operation of a bucket shop at any point in this state is hereby prohibited.
Laws 1917, c. 97, p. 147, § 5.
2023 Oklahoma Statutes › Title 15. Contracts › §15-566. Prima facie evidence of illegality of contract and operation of bucketshop.

Every person shall furnish upon demand to any principal for whom such person has executed any contract of sale for the future delivery of any cotton, grain, stocks or other commodities a written instrument setting forth the name and location of the exchange, board of trade or similar institution upon which such contract has been executed, the date of execution of the contract and the name and address of the persons with whom such contract was executed and if such person shall refuse or neglect to furnish such statement upon reasonable demand, such refusal or neglect shall be prima facie evidence that such contract was an illegal contract within the provisions of Section 4, of this act, and that the person who executed it was engaged in the maintenance and operation of a "bucket shop" within the provisions of Section 7, of this act.
Laws 1917, c. 97, p. 147, § 6.
2023 Oklahoma Statutes › Title 15. Contracts › §15-567. Punishment for violations - Second offenses - Forfeiture of corporate charters.

Any person, either as agent or principal, who enters into or assists in making any contracts of sale of the sort of character denounced by Section 564 of this title for the future delivery of cotton, grain, stocks or other commodities, or who maintains or operates a bucket shop as that term is defined in Section 565 of this title, shall be guilty of a felony, and upon conviction thereof shall be fined in a sum not to exceed One Thousand Dollars ($1,000.00), or be imprisoned in the State Penitentiary not exceeding two (2) years, and any person who shall be guilty of a second offense under this statute in addition to the penalty above prescribed may, upon conviction, be both fined and imprisoned in the discretion of the court, and if a corporation, it shall be liable to forfeiture of all its rights and privileges as such, and the continuance of such establishment after the first conviction shall be deemed a second offense. It shall be the duty of the Attorney General to institute proceedings for the forfeiture of the charter of any corporation making itself liable to such forfeiture under the provisions of this act.
Added by Laws 1917, c. 97, p. 148, § 7. Amended by Laws 1997, c. 133, § 133, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 60, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 133 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 15. Contracts › §15-568. Organization of exchanges, boards of trade, and similar institutions - Rules and regulations - Inspection of books.

There may be organized in any city in the State of Oklahoma voluntary associations to be known as cotton exchanges, grain exchanges, boards of trade or similar institutions to receive and post quotations on cotton, grain, stocks, bonds and other commodities for the benefit of its members and other persons engaged in the production of cotton, grain and other commodities. Such associations shall be composed of not less than forty (40) members and shall adopt a uniform set of rules and regulations not incompatible with the laws, as are usual for such associations. They shall open their books to the inspection of proper courts and officers of the law when required.
Laws 1917, c. 97, p. 148, § 8.
2023 Oklahoma Statutes › Title 15. Contracts › §15-569. Market quotations and news, right to receive and post - Delivery, etc., contemplated.

Only members of cotton exchanges, grain exchanges, boards of trade or similar institutions organized under the laws of Oklahoma or any other State may provide for their use and the use of their clients, private or public wires from cities in Oklahoma in which such cotton exchanges, grain exchanges, boards of trade, or similar institutions are located to other cities without the State of Oklahoma, where cotton exchanges, grain exchanges, boards of trade, or similar institutions are operated, and may receive over such private or public wires and post for their own use and that of their clients and of any person engaged in the production of cotton, grain or other commodities, market quotations and market news, covering cotton, grain, stocks and other commodities, and transmit for execution contracts of sale for future delivery. In all cases it is contemplated that the delivery of the commodity, purchased or sold, as the case may be, will be carried out by the person or his successor or assignee. Or that the contract for delivery thereof will be performed or discharged according to the rules of the exchange, board of trade, or similar institutions where the contract is executed.
Laws 1917, c. 97, p. 148, § 9.
2023 Oklahoma Statutes › Title 15. Contracts › §15-570. Partial invalidity of act.

If any clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence or paragraph or part thereof directly involved in the controversy, in which such judgment shall have been rendered; and any contract valid under and satisfying the requirements of the remaining clauses, sentences, paragraphs or parts of this act shall be valid and enforceable in the courts of the State.
Laws 1917, c. 97, p. 149, § 11.
2023 Oklahoma Statutes › Title 15. Contracts › §15-598.1. Short title.

This act shall be known and may be cited as the "Unfair Sales Act".
Added by Laws 1949, p. 103, § 1, emerg. eff. May 18, 1949. Amended by Laws 2013, c. 331, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 15. Contracts › §15-598.3. Sales below cost prohibited in certain cases.

It is hereby declared that any advertising, offer to sell, or sale of any merchandise, either by retailers or wholesalers, at less than cost as defined in the Unfair Sales Act with the intent and purpose of inducing the purchase of other merchandise or of unfairly diverting trade from a competitor or otherwise injuring a competitor, impair and prevent fair competition, injure public welfare, are unfair competition and contrary to public policy and the policy of the Unfair Sales Act, where the result of such advertising, offer or sale is to tend to deceive any purchaser or prospective purchaser, or to substantially lessen competition, or to unreasonably restrain trade, or to tend to create a monopoly in any line of commerce.
Added by Laws 1949, p. 105, § 3, emerg. eff. May 18, 1949. Amended by Laws 2013, c. 331, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 15. Contracts › §15-598.4. Punishment for sales below cost.

Any retailer who shall, in contravention of the policy of the Unfair Sales Act, advertise, offer to sell or sell at retail any item of merchandise at less than cost to the retailer as defined in this act; or any wholesaler who shall in contravention of the policy of the Unfair Sales Act, advertise, offer to sell, or sell at wholesale any item of merchandise at less than cost to the wholesaler as defined in the Unfair Sales Act, shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00).
Added by Laws 1949, p. 105, § 4, emerg. eff. May 18, 1949. Amended by Laws 2013, c. 331, § 4, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 15. Contracts › §15-598.5. Injunctive relief - Damages - Prima facie evidence.

(a) In addition to the penalties provided in the Unfair Sales Act, any person injured by any violation, or who shall suffer injury from any threatened violation of the Unfair Sales Act, may maintain an action in any court of equitable jurisdiction to prevent, restrain or enjoin such violation or threatened violation. If in such action a violation or threatened violation of the Unfair Sales Act shall be established, the court shall enjoin and restrain or otherwise prohibit, such violation or threatened violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the cost of suit. In such action if damages are alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the actual damages sustained by him or her.
(b) In the event no injunctive relief is sought or required, any person injured by a violation of the Unfair Sales Act may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a) of this section. Provided the Unfair Sales Act shall not authorize suits or actions against newspapers, radio broadcasters, or other advertising agencies through which such advertisements are published, broadcast or otherwise made.
(c) Evidence of advertisement, offering to sell, or sale of merchandise by any retailer or wholesaler at less than cost to such retailer or wholesaler, shall be prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.
Added by Laws 1949, p. 105, § 5, emerg. eff. May 18, 1949. Amended by Laws 2013, c. 331, § 5, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 15. Contracts › §15-598.6. Exempted sales.

The provisions of the Unfair Sales Act shall not apply to the following sales at retail or sales at wholesale:
1. Where seasonable merchandise is sold in bona fide clearance sales, if advertised, marked, and sold as such;
2. Where perishable merchandise must be sold promptly in order to forestall loss;
3. Where merchandise is imperfect or damaged or is being discontinued and is advertised, marked and sold as such;
4. Where merchandise is sold upon the final liquidation of any business;
5. Where merchandise is sold for charitable purposes or to relief agencies;
6. Where merchandise is sold on contract to departments of the government or governmental institutions;
7. Where merchandise is sold by any officer acting under the order or direction of any court;
8. Where merchandise is sold at any bona fide auction sale; and
9. Where a particular item of merchandise corresponding to a unique identifier is sold at below cost for fifteen (15) or fewer sequential days and where such single-day or multi-day sale does not occur more than ten (10) separate times in any twelve-month period. This exemption shall not apply to:
a.
gasoline and diesel fuel,
b.
legend drug products,
c.
food and nonalcoholic beverages sold for off-premise use or consumption,
d.
household soaps and detergents,
e.
health and beauty aids,
f.
over-the-counter medicines, vitamins, and health products, excluding exercise equipment and durable medical products,
g.
pet food and pet supplies,
h.
paper and plastic goods,
i.
household cleaning agents and cleaning supplies,
j.
baby supplies directly related to nutrition and food preservation, consumption and disposal, including disposable diapers,
k.
low-point beer, as defined in paragraph 1 of Section 163.2 of Title 37 of the Oklahoma Statutes, sold for off-premise use or consumption, and
l.
structural building materials, including but not limited to lumber and lumber composites, engineered wood products, structural wood panels, roofing, guttering, siding, drywall, insulation, flooring, windows, doors and plumbing elements.
Added by Laws 1949, p. 105, § 6, emerg. eff. May 18, 1949. Amended by Laws 2013, c. 331, § 6, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 15. Contracts › §15-598.7. Meeting competitor's prices.

Any retailer or wholesaler may advertise, offer to sell, or sell merchandise at a price made in good faith to meet the price of a competitor who is selling the same article or products of comparable quality at cost to such wholesaler or retailer. The price of merchandise advertised, offered for sale or sold under the exemptions specified in Section 598.6 of this title, shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of the first sentence of this section.
Added by Laws 1949, p. 106, § 7, emerg. eff. May 18, 1949. Amended by Laws 2013, c. 331, § 7, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 15. Contracts › §15-598.8. Determination of cost in case of sale outside ordinary channels of trade.

In establishing the cost of merchandise to the retailer or wholesaler, the invoice cost of such merchandise purchased at a forced, bankrupt, closeout sale, or other sale outside of the ordinary channels of trade, may not be used as a basis for justifying a price lower than one based upon the replacement cost of the merchandise to the retailer or wholesaler, within thirty (30) days prior to the date of sale, in the quantity last purchased through the ordinary channels of trade.
Laws 1949, p. 106, § 8.
2023 Oklahoma Statutes › Title 15. Contracts › §15-598.9. Witnesses - Production of books, records, etc.

Any defendant, or any witness, in any civil action brought under the provisions of this act may be required to testify, and any defendant, or any witness, may, upon proper process, be compelled to produce his books, records, invoices and all other documents of any such defendant or witness into court and the same may be introduced as evidence, but no defendant, or any witness in such civil action shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may thus be required to testify or produce evidence, documentary or otherwise, and no testimony thus given or produced shall be received against him upon any criminal proceeding or investigation.
Laws 1949, p. 106, § 9.
2023 Oklahoma Statutes › Title 15. Contracts › §15-598.10. Trade association may sue.

Any duly organized and existing trade association, whether incorporated or not, is hereby authorized to institute and prosecute a suit or suits for injunctive relief and costs, provided for under the terms of this act, as the real party in interest for and on behalf of one or more of said association's members, when violation of this act directly or indirectly affects or threatens to affect or injure such member or members, or where violation of this act threatens to impair fair competition or otherwise affects such member as herein provided.
Laws 1949, p. 106, Sec. 10.
2023 Oklahoma Statutes › Title 15. Contracts › §15-598.11. Partial invalidity.

If any subsection, sentence, clause, word, phrase or provision of this act shall for any reason be held invalid or unconstitutional, the validity of the remaining parts hereof shall not be affected thereby and to that end the provisions of this act are declared to be severable.
Laws 1949, p. 106, § 12.
2023 Oklahoma Statutes › Title 15. Contracts › §15-652. Definitions.

The following words, terms and phrases shall, except where the context clearly indicates a different meaning have, when used in this act, the following meanings:
(a) "Person" - Any individual, firm, partnership, corporation, or other organization;
(b) "Employer" - Any person for whom, under whose direction, or in whose interest others perform labor or service;
(c) "Sale or sell" - Any sale, contract of sale, offer of sale, or advertisement thereof;
(d) "Wholesale sale" - A wholesale sale is a sale for the purpose of resale in the ordinary course of business;
(e) "Retail sale" - Any sale other than a wholesale sale as herein defined;
(f) "Wholesaler" - A person, a substantial portion of whose sales are made to retailers for the purpose of resale to consumers;
(g) "Wholesale price" - The price normally paid by a retailer to a wholesaler for the purpose of resale to consumers at a profit.
Laws 1957, p. 86, § 2.
2023 Oklahoma Statutes › Title 15. Contracts › §15-656. Injunction - Costs - Damages.

(a) Any person injured by any violation, or who shall suffer injury from any threatened violation of this act, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this act shall be established, the court shall enjoin and restrain, or otherwise prohibit, such violation or threatened violation, and, in addition thereto the court shall assess in favor of the plaintiff and against the defendant the costs of suit. In such action, if actual damages to the plaintiff are alleged and proved, the plaintiff in said action, in addition to such injunctive relief and costs of suit shall be entitled to recover from the defendant the actual damages sustained by him.
(b) In the event that no injunctive relief is sought or required, any person injured by a violation of this act may maintain an action for damages and costs of suit in any court of general jurisdiction.
Laws 1957 P. 87, Sec. 6.
2023 Oklahoma Statutes › Title 15. Contracts › §15-676. Definitions.

As used in the Sales Representatives Recognition Act:
1. "Commission" means compensation accruing to a person for payment by another person, the rate of which is expressed as a percentage of the dollar amount of orders, sales or profits;
2. "Principal" means any person who does not have a permanent or fixed place of business in this state and who does all of the following:
a.
Engages in the business of manufacturing, producing, importing or distributing one or more products for sale to customers who purchase products for resale,
b.
Utilizes one or more sales representatives to solicit wholesale orders for those products, and
c.
Compensates the sales representatives in whole or in part by commission; and
3. "Sales representative" means a person who contracts with a principal to solicit wholesale orders for a product within this state and who is compensated, in whole or in part, by commission. "Sales representative" does not include a person who places orders for or purchases the product for his own account for resale, a person who is an employee of a principal, or a person who sells the product to the ultimate consumer.
Added by Laws 1989, c. 268, § 2, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 15. Contracts › §15-677. Commission - Time when due.

For purposes of the Sales Representatives Recognition Act, the time at which a commission is due to a sales representative shall be determined in the following manner:
1. If the contract between the principal and the sales representative is in writing and its terms unambiguously and clearly specify when the commission is due, the terms of the contract shall control the determination;
2. If the contract between the principal and the sales representative is not in writing, or if the contract between them is in writing but its terms do not specify when the commission is due or its terms are ambiguous or unclear, the past practice used by the principal and the sales representative shall control the determination; or
3. If neither paragraph 1 or 2 of this section can be used to clearly ascertain when a commission is due, the custom and usage prevalent in this state for the industry of the principal and sales representative shall control the determination.
Added by Laws 1989, c. 268, § 3, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 15. Contracts › §15-678. Termination of contract - Payment of commission - Attorney's fees and court costs.

A. If a contract between a principal and a sales representative for the solicitation of wholesale orders is terminated, the principal shall pay the sales representative all commissions due him at the time of the termination within fourteen (14) calendar days of the termination, and shall pay the sales representative all commissions that become due after termination within fourteen (14) calendar days of the date on which the commissions become due.
B. The prevailing party in an action brought under this section is entitled to reasonable attorney's fees and court costs.
Added by Laws 1989, c. 268, § 4, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 15. Contracts › §15-679. Principal - Personal jurisdiction - Waiver of provisions of Act - Availability of rights and remedies - Contracts affected.

A. For purposes of the Sales Representatives Recognition Act, a person who enters into an agreement, as a principal, with a sales representative for the solicitation of orders in this state is transacting business in this state and therefore authorizes the exercise of personal jurisdiction over said principal by the court.
B. Any provision in any contract between a sales representative and principal purporting to waive any of the provisions of the Sales Representatives Recognition Act is void.
C. Nothing in the Sales Representatives Recognition Act invalidates or restricts any other or additional right or remedy available to a sales representative, or precludes a sales representative from seeking to recover in one action on all claims against a principal.
D. The provisions of the Sales Representatives Recognition Act shall have no effect on any contract or agreement entered into prior to November 1, 1989.
Added by Laws 1989, c. 268, § 5, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 15. Contracts › §15-681. Definitions.

As used in the Invention Development Services Act:
1. "Contract for invention development services" includes a contract by which an invention developer undertakes to develop or promote an invention for a customer;
2. "Customer" means any natural person who is solicited by, inquires about, seeks the services of or enters into a contract with an invention developer for invention development services;
3. "Invention" includes a process, design, asexually reproduced plant, machine, manufacture, composition of matter, improvement upon the foregoing, or a concept;
4. "Invention developer" means any person, firm, corporation or association and the agents, employees or representatives of the person, firm, corporation or association which develops or promotes or offers to develop or promote an invention of a customer in order that the invention of the customer may be patented, licensed or sold for manufacture or manufactured in large quantities. The term "invention developer" does not include:
a.
a partnership or corporation when all of its partners, stockholders or members are licensed by a state or the United States to render legal advice concerning patents and trademarks, or a person so licensed,
b.
a department or agency of the federal, state or local government, including the inventor's assistance program established by the Oklahoma Department of Commerce,
c.
a charitable, scientific, education, religious or other organization registered pursuant to state law,
d.
a person, firm, corporation, association or other entity that does not charge a fee for invention development services, or
e.
any person, firm, corporation, association or other entity whose gross receipts from contracts for invention development services do not exceed ten percent (10%) of its gross receipts from all sources during the fiscal year preceding the year in which any contract for invention development services is signed.
For the purposes of this paragraph, "fee" shall include any payment made by the customer to the entity, including reimbursements for expenditures made or costs incurred by such entity, but shall not include a payment made from a portion of the income received by a customer by virtue of invention development services performed by the entity;
5. "Invention development services" includes any act required or promised to be performed, or actually performed by an invention developer for a customer.
Added by Laws 1991, c. 170, § 2, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 15. Contracts › §15-682. Contract to be in writing - Copy to customer - Written statement to customer and summary of terms.

A. Every contract for invention development services shall be in writing and shall be subject to the provisions of the Invention Development Services Act. A copy of each fully executed, written contract shall be given to the customer at the time the customer signs the contract.
B. If one or more contracts are contemplated by the invention developer in connection with an invention or if the invention developer contemplates performance of services in connection with an invention in more than one phase with the performance of each phase covered in one or more contracts, the invention developer shall so state in a written statement and shall supply to the customer the written statement together with a copy of each contract or a written summary of the general terms of each contract, including the total cost or consideration required from the customer, before the customer signs the first contract.
Added by Laws 1991, c. 170, § 3, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 15. Contracts › §15-683. Cancellation of contract.

A. The customer shall have the unconditional right to cancel a contract for invention development services for any reason at any time before midnight of the third business day following the date the invention developer and the customer sign the contract and the customer receives a fully executed copy of it. Written notice of cancellation may be delivered personally or by certified mail. If given by certified mail, the notice is effective upon the date certified by signature. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the customer not to be bound by the contract. Within ten (10) business days after receipt of the notice of cancellation, the invention developer shall deliver to the customer, personally or by certified mail, all moneys paid, any note or other evidence of indebtedness and all materials provided by the customer.
B. Every contract for invention development services shall contain the following statement in 10-point boldface type immediately above the place where the customer signs the contract:
"The three business day period during which you may cancel this contract for any reason by certified mailing or delivering written notice to the invention developer will expire on (last date to mail or deliver notice). If you choose to use certified mail as your notice, it must be placed in the United States mail addressed to (Name of Invention Developer), at (Address of Invention Developer's Place of Business) with first class postage prepaid before midnight of this date. If you choose to personally deliver your notice to the invention developer, it must be delivered to him by the end of his normal business day on this date."
Added by Laws 1991, c. 170, § 4, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 15. Contracts › §15-685. Disclosure of certain information to customer - Time period.

In either the first written communication from the invention developer to a specific customer or at the first personal meeting between the invention developer and a customer, the invention developer shall make a written disclosure to the customer of the information required in this section.
The disclosure shall:
1. state the median fee charged to all of the customers of the invention developer who have signed contracts with the invention developer in the preceding six (6) months, excluding customers who have signed in the preceding thirty (30) days;
2. include a single statement setting forth:
a.
the total number of customers who have contracted with the invention developer, except that the number need not reflect those customers who have contracted within the preceding thirty (30) days, and
b.
the number of customers who have received by virtue of the invention developer's performance of invention development services an amount of money in excess of the amount of money paid by those customers to the invention developer pursuant to a contract for invention development services; and
3. contain the following statement:
"Unless the invention developer is an attorney, he is not permitted to give you legal advice concerning patent, copyright or trademark law or to advise you of whether your idea or invention may be patentable or may be protected under the patent, copyright or trademark laws of the United States or any other law.
No patent, copyright or trademark protection will be acquired for you by the invention developer. Your failure to inquire into the law governing patent, copyright or trademark matters may jeopardize your rights in your idea or invention, both in the United States and in foreign countries. Your failure to identify and investigate existing patents, trademarks or registered copyrights may place you in jeopardy of infringing the copyrights, patent or trademark rights of other persons if you proceed to make, use, distribute or sell your idea or invention."
Added by Laws 1991, c. 170, § 6, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 15. Contracts › §15-686. Financial requirements of invention developer.

A. Every invention developer rendering or offering to render invention development services in this state shall maintain a bond issued by a surety admitted to do business in this state, and equal to either ten percent (10%) of the invention developer's gross income from the invention development business in this state during the invention developer's preceding fiscal year, or Twenty-five Thousand Dollars ($25,000.00), whichever is larger. A copy of the bond shall be approved by the Attorney General and filed with the Secretary of State before the invention developer renders or offers to render invention development services in this state. The invention developer shall have ninety (90) days after the end of each fiscal year within which to change the bond as may be necessary to conform to the requirements of this subsection.
B. The bond required by subsection A of this section shall be in favor of the State of Oklahoma for the benefit of any person who, after entering into a contract for invention development services with an invention developer, is damaged by fraud or dishonesty of the invention developer in performance of the contract, by the insolvency or the cessation of business by the invention developer or by the intentional violation of the Invention Development Services Act by the invention developer. Any person claiming against the bond may maintain an action at law against the invention developer and the surety company.
The aggregate liability of the surety company to all persons for all breaches of conditions of the bond shall not exceed the amount of the bond.
C. In lieu of the bond required by subsection A of this section, the invention developer may deposit with the State Treasurer a cash deposit in the like amount. The State Treasurer shall not refund a deposit until sixty (60) days after either the invention developer has ceased doing business in the state or a bond has been filed which complies with subsections A and B of this section.
Added by Laws 1991, c. 170, § 7, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 15. Contracts › §15-687. Restrictions on use of negotiable instruments.

In connection with a contract for invention development services, the invention developer shall not take from a customer a negotiable instrument other than a check as evidence of the obligation of the customer. A holder is not a holder in due course if he takes a negotiable instrument taken from a customer in violation of this section.
Added by Laws 1991, c. 170, § 8, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 15. Contracts › §15-689. Act not exclusive - Noncompliance - Violations - Remedies - Application of act.

A. The provisions of the Invention Development Services Act are not exclusive and do not relieve the parties or the contract from compliance with all other applicable provisions of law.
B. Any contract for invention development services that does not comply with the applicable provisions of the Invention Development Services Act shall be unenforceable against the customer as contrary to public policy, provided that no contract shall be unenforceable if the invention developer proves that noncompliance was unintentional and resulted from a bona fide error in spite of the invention developer's use of reasonable procedures adopted to avoid any such errors, and if the invention developer makes an appropriate correction.
C. Any contract for invention development services entered into by a customer with an invention developer who has used any fraud, false pretense, false promise, misrepresentation, misleading statement or deceptive practice in respect to that customer with the intent that the customer rely thereon, whether or not the customer was in fact misled, deceived or damaged, shall be unenforceable against the customer. Any waiver by the customer of the provisions of the Invention Development Services Act shall be deemed contrary to public policy and shall be void and unenforceable.
D. Any person who has been injured by a violation of the Invention Development Services Act by an invention developer, by any false or fraudulent statement, representation or omission of material fact by an invention developer or by failure of an invention developer to make all of the disclosures required by the Invention Development Services Act may bring a civil action against the invention developer for the damages sustained together with costs and disbursements, including reasonable attorneys fees. The court in its discretion may increase the award of damages to an amount not to exceed three times the damages sustained or Two Thousand Five Hundred Dollars ($2,500.00), whichever is greater.
E. Failure to make the disclosures required by Section 6 of this act shall render any contract subsequently entered into between the customer and the invention developer voidable by the customer.
F. The provision of the Invention Development Services Act shall have no effect on any contract or agreement entered into prior to September 1, 1991.
Added by Laws 1991, c. 170, § 10, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 15. Contracts › §15-691. Definitions.

As used in Sections 1 through 4 of this act:
1. "Customer" means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate, or otherwise make a product or products for a customer;
2. "Molder" means any individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product or products for a customer. A "molder" includes, but is not limited to, a tool or die maker; and
3. "Within three (3) years following the last prior use" shall be construed to include any period following the last prior use of a die, mold, form, or pattern regardless of whether or not that period precedes July 1, 1998.
Added by Laws 1998, c. 223, § 1, eff. July 1, 1998.
2023 Oklahoma Statutes › Title 15. Contracts › §15-692. Customer's right and title to any die, mold, form or pattern - Claim of possession - Transfer of title to molder - Notice to customer.

A. In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, form, or pattern in the possession of the molder.
B. If a customer does not claim possession from a molder of a die, mold, form, or pattern within three (3) years following the last prior use thereof, all rights and title to any die, mold, form, or pattern shall be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of such die, mold, form, or pattern, consistent with this section.
C. If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail, return receipt requested, to the chief executive office of the customer or, if the customer is not a business entity, to the customer at the customer's last-known address indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this section. Such notice shall include a statement of the customer's rights as set forth in subsection D of this section.
D. 1. If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within one hundred twenty (120) days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern as the molder's own property without any risk of liability to the customer.
2. This subsection shall not be construed in any manner to affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.
Added by Laws 1998, c. 223, § 2, eff. July 1, 1998.
2023 Oklahoma Statutes › Title 15. Contracts › §15-693. Molder's lien.

A. Molders shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work, and in the value of all material related to such work. The customer may at any time discharge the lien by depositing with the county clerk in whose office the lien claim has been filed an amount of money or bond equal to one hundred twenty-five percent (125%) of the lien claim amount, in accordance with the same procedures as specified in Section 147.1 of Title 42 of the Oklahoma Statutes. The molder may retain possession of the die, mold, form, or pattern until the charges are paid or the lien or bond is released.
B. Before enforcing such lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail, return receipt requested, to the last-known address of the customer. This notice shall state that a lien is claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or performed for the customer. This notice shall also include a demand for payment.
C. If the molder has not been paid the amount due within sixty (60) days after the notice has been received by the customer as provided in subsection B of this section, the molder may sell the die, mold, form, or pattern at a public or private auction.
Added by Laws 1998, c. 223, § 3, eff. July 1, 1998.
2023 Oklahoma Statutes › Title 15. Contracts › §15-694. Sale of die, mold, form or pattern - Notice to customer.

A. Before a molder may sell the die, mold, form, or pattern, the molder shall notify the customer by registered mail, return receipt requested. The notice shall include the following information:
1. The molder's intention to sell the die, mold, form, or pattern thirty (30) days after the customer's receipt of the notice;
2. A description of the die, mold, form, or pattern to be sold;
3. The time and place of the sale; and
4. An itemized statement for the amount due.
B. If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the county of the customer's last-known place of business. The notice shall include a description of the die, mold, form, or pattern.
C. If the sale is for a sum greater than the amount of the lien, the excess shall be paid to any prior lienholder known to the molder at the time of the sale and any remainder to the customer, if the customer's address is known, or to the State Treasurer for deposit in the General Revenue Fund if the customer's address is unknown to the molder at the time of the sale.
D. A sale shall not be made under this subsection if it would be in violation of any right of a customer under federal patent or copyright law.
Added by Laws 1998, c. 223, § 4, eff. July 1, 1998.
2023 Oklahoma Statutes › Title 15. Contracts › §15-721. Unsolicited goods - Receipt deemed unconditional gift - Injunctive relief.

No person, firm, partnership, association or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale in this state, goods, wares, or merchandise, where the offer includes the voluntary and unsolicited sending of such goods, wares, or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such goods, wares, or merchandise shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of such goods, wares, or merchandise in any manner he sees fit without any obligation on his part to the sender. Provided, however, that where solicited goods, wares or merchandise are delivered to the wrong person by accident or by the mistake of the delivery or mail service, such delivery shall not constitute an offer subject to this act, and provided that the provisions of this act shall not apply to goods of equal or greater value and at no additional cost, substituted for goods ordered or solicited by the recipient.
If after any such receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys' fees and costs to the prevailing party.
Laws 1970, c. 128, § 1, emerg. eff. April 6, 1970.
2023 Oklahoma Statutes › Title 15. Contracts › §15-722. Unsolicited goods sent by organization to member after termination of membership.

If a person is a member of an organization which makes retail sales of any goods, wares, or merchandise to its members, and the person notifies the organization of his termination of membership by certified mail, return receipt requested, any unordered goods, wares, or merchandise which are sent to the person after forty-five (45) days following execution of the return receipt for the certified letter by the organization shall for all purposes be deemed unconditional gifts to the person, who may use or dispose of the goods, wares, or merchandise in any manner he sees fit without any obligation on his part to the organization.
If the termination of a person's membership in such organization breaches any agreement with the organization, nothing in this section shall relieve the person from liability for damages to which he might be otherwise subjected pursuant to law, but he shall not be subject to any damages with respect to any goods, wares, or merchandise which are deemed unconditional gifts to him under this section.
If after any receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys' fees and costs to the prevailing party.
Laws 1970, c. 128, § 2, emerg. eff. April 6, 1970.
2023 Oklahoma Statutes › Title 15. Contracts › §15-752A. Credit card receipts - Restrictions on printing certain account information - Operative dates of section.

A. Except as otherwise provided in this section, a person who accepts credit cards or debit cards for a consumer transaction shall not print more than the last five digits of the account number or the expiration date upon any receipt provided to the cardholder.
B. This section applies only to receipts that are printed electronically and does not apply to transactions in which the sole means of recording the credit card or debit card number is by handwriting or by an imprint or copy of the card.
C. This section becomes operative on January 1, 2004, with respect to any cash register or other machine or device that electronically prints receipts for consumer transactions that is first put into use on or after January 1, 2004.
D. This section becomes operative on January 1, 2007, with respect to any cash register or other machine or device that electronically prints receipts for consumer transactions that is in use before January 1, 2004.
Added by Laws 2002, c. 296, § 2, eff. Nov. 1, 2002.