It shall be a violation of this code:
A. In the sale, rental or repair of consumer goods and/or the sale of
consumer services, to sell or deliver any defective consumer goods
with knowledge thereof, unless each item is plainly marked as defective
and the nature of the defect is clearly shown or stated.
B. To offer for sale or lease consumer goods which are not new and to
advertise such goods without disclosing that they are not new. Words
such as "used" or, where applicable, "antique," "demonstrator's
floor model," "rebuilt," "renovated," "restyled" or remodeled may
be used to indicate that the goods are not new. "Floor model" shall
be defined as any item which is sold from the floor or a display in
a particular case but which is not regularly sold from the floor or
from such a display.
C. To utilize any register, machine or any other device for the purpose
of itemizing or totaling consumer sales, which register, machine or
device does not display on at least one side, visible to the consumer,
the cost of each item purchased plus the tax and total cost of all
items purchased.
D. To cause, allow or approve the package, obstruction or concealment from the view of the consumer of any display required in Subsection
C of this section on a register, machine, device or part thereof used to itemize and/or total sales to such consumer.
E. To cause, allow or approve the blockage, obstruction or concealment
from the view of the consumer of any scale, machine, weighing device
or part thereof used to weigh or indicate the weight of consumer goods
offered for sale to consumers in the City of Yonkers. As used herein,
the meaning of the terms "blockage, obstruction, concealment" shall
include but not be limited to the placing of any merchandise, display,
partition or counter within eight inches of the top or sides of a
weighing device; or any act which prevents the consumer from viewing
the items weighed and the indication of the weight of that item. This
subsection shall not apply to weighing devices used to indicate the
weight of consumer goods packaged by the merchant in advance of being
sold, offered for sale or exposed for sale, where such consumer goods
have affixed to the package a label clearly indicating the weight
of the goods.
F. To fail to give notice, by a sign prominently displayed at the cash
register or at the store entrance and by a clearly printed statement
on all sales receipts, of the existence of any present policy regarding
refunds, credit or exchange on unused goods. This subsection shall
not apply to the sale of food items, perishable items, items sold
"as is" or special sale items.
G. To refuse reasonable requests to sell to a consumer, when practicable,
food items in smaller quantities than those that are packaged by the
retailer.
It shall be a violation for any merchant engaged in the sale
of automobiles to fail to disclose an estimated delivery date or an
estimated range of delivery dates, conspicuously in writing on the
contract for the sale of the automobile(s), at the time the order
is taken. It shall be a violation to fail to deliver the automobile
by the latest date promised as stated for delivery except as herein
provided:
A. The merchant shall deliver the automobile no later than the last
date for delivery disclosed on the contract unless the consumer is
notified, in writing or by oral communication confirmed in writing
within one day, of the delay and the anticipated date or range or
delivery dates.
B. If the automobile has not been delivered within 45 days of the estimated
delivery date, the consumer at his option may:
(1) Cancel the contract with full refund.
(2) Cancel the contract and receive credit from the merchant.
(3) Negotiate a new delivery date with the merchant.
(4) Make a new selection of an automobile and receive credit for any
payment made.
C. The merchant shall notify the consumer in writing of these options
within 45 days of the estimated delivery date. When a consumer requests
a refund pursuant to the provisions of this section, the refund must
be made within two weeks of the request.
D. When a delay in the delivery beyond the originally promised date is caused by a strike, the amount of time of the delay equal to the duration of the strike shall not be counted in computing the 45 days referred to in Subsection
B of this section.
E. There is no violation of this section when the failure to deliver
is caused by the consumer.