§ 349-b. Residential telephone equipment advertising, sale and\nwarranty requirements. 1. For the purpose of this section:\n (a) "Residential telephone equipment" shall mean customer premises\nequipment such as telephone handsets, designed for use on the\nresidential premises of a person, other than a carrier, to originate,\nroute or terminate telecommunications, and does not include equipment\nused to multiplex, maintain or terminate access lines;\n (b) "New residential telephone equipment" shall mean residential\ntelephone equipment that is neither rebuilt nor used;\n (c) "Rebuilt residential telephone equipment" shall mean residential\ntelephone equipment which has been modified, rebuilt, improved or\nreconditioned, either with new components or with components which were\npreviously used in other equipment;\n (d) "Used residential telephone equipment" shall mean residential\ntelephone equipment previously used by another person and in proper\nworking order but not modified, rebuilt, improved or reconditioned;\n (e) "Consumer" or "purchaser" shall mean a retail customer who\npurchases such equipment for personal use in a place of residence; and\n (f) "Seller" shall mean any retailer, distributor or manufacturer who\nsells or offers for sale new residential telephone equipment, rebuilt\nresidential telephone equipment or used residential telephone equipment\ndirectly to a consumer or purchaser or places in the chain of\ndistribution such equipment to be ultimately sold to a consumer or\npurchaser.\n 2. Any manufacturer of new residential telephone equipment, rebuilt\nresidential telephone equipment or used residential telephone equipment\nshall specify on or in the package in which such equipment is sold, and\nany seller shall specify in all advertisements and catalogues excepting\ntelevision, radio and cable television advertising whether such\nequipment employs pulse, tone, pulse-or-tone or another signalling\nmethod and a statement as to whether such equipment is capable of\naccessing tone-actuated computer systems.\n 3. Notwithstanding any other provisions of this chapter, the\nprovisions of subdivision two of this section shall not apply to any of\nthe following:\n (a) Advertising, point-of-sale advertising, catalogues for and sales\nof such equipment not intended for direct connection to a telephone\ncorporation's lines or a central switching office;\n (b) Advertising for such equipment located on a customer's premises\noffered for sale in place; and\n (c) Catalogues and equipment packages for such equipment which are in\nprint or physical production on or before the effective date of this\nsection.\n 4. Any manufacturer of such equipment shall specify on the package and\nany retailer shall specify in conspicuous notice at the point-of-sale,\nexcepting sale in place:\n (a) whether such equipment is rebuilt or used;\n (b) whether such equipment requires a source of power or connection\nother than ordinary connections to the inside premises' telephone wiring\nof the customer.\n 5. Any manufacturer of such equipment, except equipment sold in place,\nshall specify on the package the period of warranty of such equipment.\nInformation regarding obtaining a copy of the warranty showing the name\nand address of the manufacturer or other person to whom service\nquestions or warranty claims should be addressed during the warranty\nduration shall be specified on or in the package.\n 6. Any seller of such equipment, except equipment sold in place, shall\nprovide written warranties of not less than one year for new residential\ntelephone equipment, not less than ninety days for rebuilt residential\ntelephone equipment and not less than sixty days for used residential\ntelephone equipment. All warranties shall guarantee that the equipment\nso warranted is fit for the use for which it is intended during the time\nperiod specified in this subdivision. The primary obligation to provide\nthe written warranty required by
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