TITLE 6

Commerce and Trade

SUBTITLE II

Other Laws Relating to Commerce and Trade

CHAPTER 37. SALE OF SECONDHAND WATCHES


As used in this chapter:

(1) "Consumer" means a person who buys for personal use, or for the use of another but not for resale.

(2) "Secondhand" watch means:

a. A watch which, as a whole, or the case thereof, or the movement thereof has been previously sold to a consumer; but a watch which has been so sold and is thereafter returned, either through an exchange or for credit, to the same person who sold the watch to the consumer, shall not be deemed to be a secondhand watch for the purposes of this chapter if such person keeps a written or printed record setting forth the name and address of the consumer, the date of the sale to the consumer, the date of the return by the consumer, the name of the watch or its maker, and the serial numbers, if any, or, if none, any other distinguishing numbers or identification marks on the case and on the movement of the watch; and

b. Any watch whose case or movement serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered.

(3) "Sell" includes offer to sell or exchange, expose for sale or exchange, possess with intent to sell or exchange, and sell or exchange.

41 Del. Laws, c. 198, §§ 1, 2; 6 Del. C. 1953, § 3701; 70 Del. Laws, c. 186, § 1.;

The seller's record of sold watches containing the information specified in § 3701 of this title shall be kept for at least 3 years from the date of the sale of the watch and shall be open for inspection during all business hours by any member of the police department of the City of Wilmington or other peace officer of the State.

41 Del. Laws, c. 198, § 1; 6 Del. C. 1953, § 3702; 70 Del. Laws, c. 186, § 1.;

Any person, or any agent or employee thereof, who sells a secondhand watch, shall affix and keep affixed to the same a tag with the words "secondhand" legibly written or printed thereon in the English language.

41 Del. Laws, c. 198, § 2; 6 Del. C. 1953, § 3703.;

Any person, or any agent or employee thereof, who sells a secondhand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers, if any, or other distinguishing numbers or identification marks on its case and movement. In the event the serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered, this shall be set forth in the invoice. A duplicate of the invoice shall be kept on file by the vendor of the secondhand watch for at least one year from the date of the sale thereof and shall be open to inspection during all business hours by any member of the police department of the City of Wilmington or other peace officer of the State.

41 Del. Laws, c. 198, § 3; 6 Del. C. 1953, § 3704.;

Any person advertising in any manner secondhand watches for sale shall state clearly in such advertising that the watches advertised are secondhand watches.

41 Del. Laws, c. 198, § 4; 6 Del. C. 1953, § 3705.;

Whoever violates this chapter shall be fined not less than $100 nor more than $500, or imprisoned not more than 3 months, or both.

41 Del. Laws, c. 198, § 5; 6 Del. C. 1953, § 3706.;