47-26-915 - Sale from bulk. - Tennessee Statutes

47-26-915. Sale from bulk.

(a)  All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel, and all other bulk sales specified by rule or regulation of the commissioner, shall be accompanied by a delivery ticket containing the following information:

     (1)  The name and address of the buyer and seller;

     (2)  The date delivered;

     (3)  The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity, for example, when temperature compensated sales are made;

     (4)  The unit price, unless otherwise agreed upon by both buyer and seller;

     (5)  The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale; and

     (6)  The count of individually wrapped packages, if more than one (1), in the instance of commodities bought from bulk but delivered in packages.

(b)  One (1) of these tickets shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of the delivery of the commodity, or shall be surrendered, on demand, to the commissioner or the commissioner's authorized representative or a city sealer or a county sealer, who, if such person desires to retain it as evidence, shall issue a similar document in lieu of thereof to the purchaser: provided, that if the purchaser personally carries away the purchase, the vendor shall be required only to give the purchaser at the time of sale a delivery ticket stating the weight, measure, or count of commodity delivered to the purchaser.

[Acts 1997, ch. 311, § 1.]