48-407 EXEMPTED SALES. - Idaho Statutes

TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 4

UNFAIR SALES ACT

48-407. Exempted sales. The provisions of this act shall not apply to sales at retail or sales at wholesale.

(a) where perishable merchandise must be sold promptly in order to forestall loss;

(b) where merchandise is imperfect or damage [damaged] or is being discontinued and is advertised, marked or sold as such;

(c) where merchandise is sold upon the final liquidation of any business;

(d) Where an endeavor is made in good faith to meet the prices of a competitor as herein defined selling substantially the same article or product in the same locality or trade area in the ordinary channels of trade.

(e) where merchandise is sold on contract to departments of the government or governmental agencies;

(f) where merchandise is sold by any officer acting under the order or direction of any court;

(g) where in closing out in good faith the owner’s stock or any part thereof for the purpose of discontinuing his trade in any such article or product if advertised, marked and sold as such. Provided, however, that any retailer or wholesaler claiming the benefits of any of the exceptions hereinabove provided, shall have the burden of proof of facts entitling such retailer or wholesaler to any of the benefits of such exceptions.