§ 81A-26. Sale from bulk. - North Carolina Statutes

§81A‑26.  Sale from bulk.

(a)        Whenever thequantity is determined by the seller, bulk sales in excess of twenty dollars($20.00) and all bulk deliveries of heating fuel shall be accompanied by adelivery ticket containing the following information:

(1)        The name and addressof the vendor and the name of the purchaser,

(2)        The date delivered,

(3)        The quantitydelivered and the quantity upon which the price is based, if this differs fromthe delivered quantity,

(4)        The identity of thecommodity in the most descriptive terms commercially practicable, including anyquality representation made in connection with the sale,

(5)        The count ofindividually wrapped packages, if more than one, and

(6)        For heating fuelswhich are liquids and gases, the price per gallon and any other chargesassociated with the delivery.  This subdivision applies only to residential,retail deliveries.

(b)        Any invoicecorresponding to the delivery ticket required under the preceding subsection(a) shall contain the information set forth in the preceding subdivisions(a)(1) through (6), and shall also state the amount of sales tax, if any, andthe grand total.  This subsection does not apply to any subsequent billing whenthe seller has previously complied with the requirements of subsections (a) and(b) of this section.

(c)        Whenever a sellerquotes a price or other terms and conditions to a potential purchaser underthis section, if those terms and conditions include a low, introductory price,other reduced charges, or other special conditions not representative of theprices or terms and conditions that apply to existing customers of the sametype or class, the seller shall clearly and conspicuously disclose: (i) thosefacts, (ii) the price and terms and conditions that would on that date apply toexisting customers of the same type or class as the potential purchaser, and (iii) the amount of time that the introductory or unrepresentative price orterms and conditions will remain in effect. (1975, c. 544; 1991, c. 642,s. 1; 1997‑456, s. 11.)