Section 407.674

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 28 Aug 1988   

  407.674.  Delivery date of goods, exception — savings claims, requirements — contracts not in compliance, unenforceable. — 1.  Every contract shall provide that if any goods, except furniture or custom manufactured goods, ordered by the member from the buying club, are not delivered to the member or available for pick-up by the member at the location where the order was placed within six weeks from the date the member placed an order for such goods, then any payment by the member for such goods in advance of delivery shall, upon the member's request, be fully refunded, unless a predetermined delivery date has been furnished to the member in writing at the time he or she ordered such goods and the goods are delivered to the member or available for pick-up by that date.  Every contract shall disclose that delivery dates for furniture or custom manufactured goods cannot be predicted, if such is the case.

  2.  Every contract shall provide that all savings claims made by the buying club are based on price comparisons with retailers doing business in the trade area who sell or offer for sale the same or comparable goods and at the prices the goods are actually sold or offered for sale by such retailers.

  3.  Any contract which does not comply with subsections 1 and 2 of this section shall be void and unenforceable.

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(L. 1988 H.B. 988)