Multi-Color Printers Of Transparent And Translucent Materials
16 CFR Part 70 · Trade practice rules · in the Code of Federal Regulations 1938-1960 (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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1960 CFR · Earliest edition: 1938 CFR
Text (1960 edition, OCR)
§ 64107 changed and new bids called for after the original bids have been submitted and opened, the same fairness should obtain as with the original bid § 64107 Bid “shopping”? condemned It is a frequent practice for electrical contractors to submit bids to general contractors who in turn use the lowest acceptable price from the several trades in making up their bids on a general contract Many general contractors after securing the genera! contract then reopen the bidding for the same opera- thon commonly known as shopping’ which practice involves deception and misrepresentation, lowering the standard and quality of electrical installation and building construction Such practice is condemned by the industry § 64108 Standards of calls for Inds The industry favors the adoption of the following rules for calling for bids (a) In all cases where competitive bids are requested no one should be invited to bid to whom the contract would not be wilingly awarded in the case his bid is the most acceptable in itself (b) Where accurate estimates are de- sired for information only a reasonable fee or fees should be paid to the parties preparing them (c) Plans and specifications should be sufficiently complete to enable com- petent bidders to estimate accurately the amount of material and labor required (d) Invited bidders provided they actually submit bids should not be re- quired to pay for the use of plans and specifications (e) A reasonable time should be allowed for preparation of estimates § 64109 Identical mformation to all bidders Where a bidder requests an interpreta- tion of some feature of the specifications from the buyer or his representative be- fore submitting his bid which would ma- tertally affect the cost of the work the same information should be subinitted to all other bidders by the buyer or his representative § 64110 Pubhcation of price hsts and terms of sale. (a) The industry approves the prac- tice of each individual member of the industry and mdependently pubhshing Page 224 Title 16—Commercial Practices and circulating to the purchasing trade its own price lists (b) The industry approves the prac- tice of inaking the terms of sale a part of all pubhshed price schedules § 64111 Definmton The industry hereby records 1ts ap- proval of the definition of a qualified wholesale distributor to be one whose principal business 1s selling to the retail distributor § 64112 Cost accountng It is the judgment of this industry that an accurate knowledge of cost is indispensable to intelligent and fair com- petition and the adoption of accurate methods of cost finding and estimating is recommended by the industry § 64113 Arbitration The industry approves the practice of handling disputes in a fair and reasona- ble manner coupled with a spirit of mod- eration and good will and every effort should be inade by the disputants them- selves to arrive atan agreement If un- able to do so they should agree if possi- ble, upon arbitration under some one of the prevailing codes CoMMITTEE ON TRADE PRACTICES § 64.201 Industry committee The provisions of §161 of this sub- chapter shall be apphcable to an industry committee established under this part [21F.R 1174 Feb 21 1956] PART 70O—MULTI-COLOR PRINTERS OF TRANSPARENT AND TRANSLU- CENT MATERIALS Group I Sec 103 Misrepresentation in general 704 Defamation of competitors 105 Imitation of trade-marks trade names etc 10 6 Inducing breach of contract 707 Commercial bribery 708 Espionage 709 Sales below cost 7010 Deceptive selling methods 7011 Fictitious prices 7012 Consignment selling Grovp II 70101 Repudiation of contracts 70102 Publication of price lists 70103 Pubiication of terms of sale 70104 Arbitration 70105 Faise Invoicing Chapter I—Federal Sec 70106 Hiring of competitors employees 70107 Definition AvuTHOoRITY §§ 703 to 70107 issued under sec 6 (g) 38 Stat 722 15 U S C 46 (g) Interpret or apply sec 5 38 Stat 719 as amended 15U S C 45 Source §§ 703 to 70 107 contained in trade practice rules Multi-Color Printers of Trans- parent and Translucent Materials FTC Jan 22 1932 Group I § 703 Mhu-srepresentation in general The making or causing or permitting to be made or published any false untrue or deceptive statement by way of adver- tisement or otherwise concerning the grade quality, quantity substance, char- acter nature origin size, Or preparation of any product of the industry having the tendency and capacity to mislead or deceive purchasers or prospective pur- chasers and the tendency to injuriously affect the business of competitors is an unfair trade practice § 704 Defamation of competitors The defamation of competitors by falsely iumputing to them disonorable conduct inability to perform contracts questionable credit standing or by other false representations or the false dis- paragement of the grade or quality of their goods with the tendency and ca- pacity to mislead or deceive purchasers or prospective purchasers, and the tend- ency to injuriously affect the business of such competitors 1s an unfair trade practice § 705 Imitation of trade-marks, trade names, etc. The imitation of the trade-marks trade names, slogans, or other marks of identification of competitors, having the tendency and capacity to muslead or deceive purchasers or prospective pur- chasers and the tendency to injuriously affect the busmess of such competitors is an unfair trade practice § 706 Inducing breach of contract Maliciously inducing or attempting to induce the breach of existing contracts between competitors and their customers by any false or deceptive means whatso- ever or interfering with or obstructing the performance of any such contractual duties or services by any such means with the purpose and effect of unduly hampering, injuring or embarrassing Trade Commission § 7011 competitors in their business 1s an un- fair trade practice § 707 Commercial bribery Directly or indirectly to give or permit to be given or offer to give money or anything of value to agents, employees, or representatives of customers or pro- spective customers or to agents employ- ees or representatives of competitors’ customers or prospective customers without the knowledge of their employers or principals as an inducement to influ- ence their employers or principals to pur- chase or contract to purchase industry products from the maker of such gift or offer or to influence such employers or principals to refrain from dealing or con- tracting to deal with competitors with the tendency to injuriously affect the business of competitors 1s an unfair trade practice § 708 Espionage Securing information from competi- tors concerning their businesses by false or misleading statements or representa- tions or by false impersonations of one in authority or securing information concerning competitors’ businesses by bribery of their employees and the wrongful use thereof to unduly hinder or stifle the competition of such competi- tors 1s an unfair trade practice § 709 Sales below cost. The selling of goods below cost with the intent and with the effect of injuring a competitor and where the effect may be to substantially lessen competition or tend to create a monopoly or to unrea- sonably restrain trade, 1s an unfair trade practice § 7010 Deceptive sellmg metbods The sale or offering for sale of any product of the industry by any false means or device which has the tendency and capacity to mislead or deceive cus- tomers or prospective customers as to the quantity, quality, substance and the tendency to injuriously affect the busi- ness of competitors or size of such prod- uct, 1s an unfair trade practice § 7011 Fictittous priees Offering for sale merchandise at a price reduced from a marked-up or ficti- tious price with the tendency and capac- ity to mislead or deceive purchasers or prospective purchasers and the tendency to injuriously affect the business of com- petitors, 1s an unfair trade practice Page 225 § 7012 § 7012 Consignment selling The shipment of goods on consign- ment with the intent and with the effect of mjuring a competitor and where the effect may be to substantially lessen com- petition or tend to create a monopoly or to unreasonably restrain trade 1s an unfair trade practice Group II § 70101 Repudiation of contracts Contracts either written or oral, are business obligations which should be per- formed 1n letter and spirit The repudi- ation of contracts by sellers on a rising market or by buyers on a declining mar- ket 1s equally reprehensible and 1s con- deinned by the industry § 70102 Publication of price lists The industry approves the practices of each individual member of the industry independently publishing and circulating to the purchasing trade its own price lst § 70103 Publication of terms of sale The industry approves the practice of making the terms of sale a part of all published price schedules § 70 104 Arbitranon The industry approves the practice of handling disputes in a fair and reason- able manner coupled with the spirit of moderation and good wil] and every ef- fort should be made by the disputants themselves to arrive at an agreement If unable to do so they should agree if possible upon arbitration under some one of the prevailing codes § 70105 False mvoiemg (a) The industry approves the prac- tice of invoicing all goods sold by show- ing quantity size stock number of col- ors total amount of order amounts pre- viously shipped if any thereon amount applying on present shipment and bal- ance due on original order if any (b) Withholding from or inserting in the invoice or contract statements which make the invoice or contract a false rec- ord wholly or in part of the transaction represented on the face thereof, 1s con- demned by the industry § 70106 Hirmg of compettors’ ployees The industry approves the practice that no manufacturer shall employ or attempt to employ any person while such em- Page 226 Title 16—Commercial Practices a@ person 1s under contract with a com- petitor § 70107 Definition The expression or term “the industry” as used in this code refers to the busi- ness of printing 1n colors on transparent and translucent papers or materials to be used for wrapping or other purposes PART 72—KNITTED OUTERWEAR INDUSTRY Group I Sec T2 1 False marketing or branding 122 Misrepresentation in general 24 Sales below cost 725 Consignment selling Group IT 72101 Unauthorized use of designs etc 72102 Publication of price lists and terms of sale 72103 Individual price policy 72104 Arbitration 72105 Conformance with approved practices COMMITTEE ON TRADE PRACTICES 72201 Industry committee AUTHORITY §§ 72 1 and 72 201 issued under sec 6(g) 38 Stat 722 15 USC 46(g) Interpret of apply sec 5 88 Stat 719 as amended 15USC 45 Source §§ 72 1 to 72 201 contained in trade practice rules Knitted Outerwear Industry FTC Jan 28 1932 except as otherwise noted Group I § 721 False marking or branding The false marking or branding of products of the industry, with the effect of misleading or decelving purchasers 1n respect to the quantity, quality, grade or substance of the goods purchased, 1S an unfair trade practice § 722 Musrepresentation in general The making or causing or permitting to be made or pubhshed any false un- true or deceptive statement by way of advertisement or otherwise, concerning the giade, quahty, quantity substance, character nature, origin size or prepa- ration of any product of the industry, and having the tendency and capacity to mislead or decelve purchasers or pro- spective purchasers 1s an unfair trade practice § 724 Sales below cost The selling of goods below cost with the intent and with the effect of injuring