(1) A covered entity may sell or transfer a covered product to a verified commercial business pursuant to this subsection (1). A commercial business is verified if, prior to the sale or transfer of the covered product: (a) The commercial business affirms that the business requires covered products; and (b) The covered entity has a system that verifies that the commercial business requires a covered product. (2) The following systems, whether relied on solely or in combination, do not satisfy the verification obligation of the covered entity specified in subsection (1)(b) of this section: (a) A sale verification system relying on the purchaser or recipient simply providing a statement of commercial need and intended usage without additional verification; (b) A sale verification system relying on the purchaser or recipient using tick boxes to confirm that the purchaser or recipient is in a commercial business and requires covered products; or (c) A sale verification system relying on the purchaser or recipient using an "accept" statement for the purchaser or recipient to confirm that the purchaser or recipient has read the terms and conditions.
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