§ 22-406. Prohibited acts; exceptions

   (a) Scope of guaranty. -- A guaranty under this section may be:

   (1) A separate guaranty that specifically designates the product, fabric, or related material; or

   (2) A continuing guaranty that:

      (i) Is given by a seller to a buyer;

      (ii) Applies to any product, fabric, or related material sold to the buyer; and

      (iii) Is in the form the Department approves.

(b) Manufacture or sale of nonconforming products. -- A person may not manufacture, sell, or hold with intent to sell any new or unused product that does not comply with the flammability requirements of this subtitle.

(c) Providing false guaranty. -- A person may not give a false guaranty.

(d) Exceptions. -- This section does not apply to a person who:

   (1) Receives in good faith a product, fabric, or related material that is covered by a guaranty that is signed by and contains the name and address of the person who manufactured the product, fabric, or related material or from whom it was received;

   (2) Has not altered the flammability of the product, fabric, or related material covered by the guaranty; and

   (3) Reasonably and in good faith relies on the guaranty.

HISTORY: An. Code 1957, art. 43, § 892, 893; 1982, ch. 240, § 2; 1988, ch. 277, § 1.