Fabricators Of Structural Steel
16 CFR Part 26 · Trade practice rules · in the Code of Federal Regulations 1938-1959 (4 annual editions)
Scanned CFR pages, OCR text may contain errors; the linked Library of Congress PDF is the authority. Not legal advice; not affiliated with the FTC. These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.
Latest edition: Library of Congress, 1959 CFR · Earliest edition: 1938 CFR
Text (1959 edition, OCR)
§ 25.201 War under date of December 28, 1936, the U. S. Attorney General advised that the Robinson-Patman Antidiscrimina- tion Act “is not applicable to Govern- ment contracts for supplies.” (38 Opin- ions, Attorney General 539.) § 25.201 Industry committee. The provisions of §16.1 of this subchapter shall be applicable to an industry com- mittee established under this part. Part 26—Fabricators of Structural Steel [Revoked] CopiFicaTion: Part 26 was revoked, 20 F. R. 2353, Apr. 12, 1955. Part 26—Refrigeration and/or Air-Conditioning Contracting Industries [Added] Sec. 26.0 Applicability of the rules in this part. GROUP I 26.1 Deception (general). 26.2 Guarantees, warranties, etc. 26.3 Prohibited discrimination. 26.4 Substitution of products. 26.5 Misrepresenting products as conform- ing to standard. 26.6 Deceptive prices. 26.7 Misrepresentation as to character of business. 26.8 Inducing breach of contract. 26.9 Prohibited sales below cost. 26.10 Commerciai bribery. 26.11 Enticing away employees of competi- tors. 26.12 Deception as to used or rebuilt prod- ucts. 26.13 Defamation of competitors or false disparagement of their products. 26.14 Exclusive deals. 26.15 Prohibited forms of trade restraints (unlawful price fixing, etc.). AutTHoRITY: §§ 26.0 to 26.15 issued under sec. 6, 38 Stat. 721; 15 U. S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45. Source: §§ 26.0 to 26.15 appear at 21 F. R. 3046, May 8, 1956. § 26.0 Applicability of the rules in this part. The rules in this part have ap- plication to persons, firms, corporations, and organizations engaged in the sale and installation of: (a) Mechanical refrigeration units or systems for commercial or industrial use; or (b) Mechanical air-conditioning units or systems for commercial, industrial, or home use. Page. 178 Title 146—Commercial Practices Note 1. As above used, the word “installa- tion’ makes reference to services the per- formance of which requires engineering knowledge and skill. Thus, window air-con- ditioning units and mechanical refrigeration units which are of such size and type as to require but a “plug in” to an established electric power system are not to be consid- ered as products to which these rules have application. Nore 2. As above used, the words “air- conditioning units or systems” make refer- ence to units or systems which are either capable of lowering, or of both lowering and Taising, the temperature of the air within an enclosure and simultaneously effecting a substantial degree of control of the humidity and circulation of the air in such enclosure. Units or systems which are designed to raise, put not lower, the temperature of air within an enclosure are not products to which these rules have application. Nore 3. The above is to be construed as definement of the nature of activities to which the rules have application and is not intended as definement of the kind of prod- ucts which may be designated “air condi- tioners” or “refrigeration units or systems.” GROUP I § 26.1 Deception (general). In con- nection with the sale and installation of industry products, it is an unfair trade practice to use, or cause or promote the use of, any trade promotional literature, advertising matter, mark, brand, label, or device, or any other type of oral or written representation, which has the capacity and tendency or effect of de- ceiving purchasers, or prospective pur- chasers as to the construction, design, model, origin, manufacture, quality, ab- sence of noise in operation, strength, durability, life expectancy, utility, cost of operation, or safety of such products, or of their capacity to cool or refrigerate, or in any other material respect; or to mislead purchasers or prospective pur- chasers with respect to the need for repair, maintenance, or replacement of parts of such products after their pur- chase and use, or with respect to any services offered concerning maintenance of the products. $26.2 Guarantees, warranties, etc. In the sale, offering for sale, or installa- tion of industry products, it is an unfair . trade practice to use, or cause to be used, any guarantee or warranty which is false, misleading, deceptive, or unfair to the purchasing or consuming public, whether in respect to quality, construc- tion, serviceability, or performance of any industry product.