North Carolina § 130A-309 - 136. Requirements applicable to retailers.

§ 130A-309. 136. Requirements applicable to retailers.

A manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale new computer equipment or televisions unless: (i) the covered device is labeled with the manufacturer's brand, which label is permanently affixed and readily visible; and (ii) the manufacturer has filed a registration with the Department and is otherwise in compliance with the requirements of this Part, as indicated on the list developed and maintained by the Department pursuant to G.S. 130A-309.138(1). A retailer that sells or offers for sale new computer equipment or televisions must: (i) determine that all new covered devices that the retailer is offering for sale are labeled with the manufacturer's brand, which label is permanently affixed and readily visible; and (ii) review the Department's Web site to confirm that the manufacturer of a new covered device is on the list developed and maintained by the Department pursuant to G.S. 130A-309.138(1). A retailer is not responsible for an unlawful sale under this section if the manufacturer's registration expired or was revoked and the retailer took possession of the covered device prior to the expiration or revocation of the manufacturer's registration and the unlawful sale occurred within six months after the expiration or revocation. History (2010-67, s. 2(a).) Editor's Note. - Session Laws 2010-67, s. 8, provides: "Notwithstanding the provisions of G.S. 130A-309.136 , as enacted by Section 2 of this act [July 8, 2010], during the first year after the effective date of this act [July 1, 2011], the Department shall not initiate an enforcement action against a retailer for a first violation of G.S. 130A-309.136 . The Department shall, however, issue a notice of violation to the retailer in conjunction with the first violation."