Definitions

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44-5001. Definitions

In this chapter, unless the context otherwise requires:

1. " Home solicitation sale" :

(a) Means a sale of goods or services in which the seller or the seller's representative personally solicits the sale and the buyer's agreement or offer to purchase is made at a home other than that of the person soliciting the same and that agreement or offer to purchase is there given to the seller or the seller's representative.

(b) Includes a cash sale that otherwise meets the definition of a home solicitation sale if the seller makes or provides a loan to the buyer or obtains or assists in obtaining a loan for the buyer to pay the purchase price.

(c) Does not include a sale that is pursuant to a preexisting account with a seller whose primary business is selling goods or services at a fixed location or that is made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale.

2. " Person" :

(a) Includes a corporation, company, partnership, firm, association, society or natural person.

(b) When used to designate the party whose property may be the subject of a criminal or public offense, includes the United States, this state or any territory, state or country, any political subdivision of this state that may lawfully own any property, or a public or private corporation, partnership or association.

(c) When used to designate the violator or offender of any law, includes a corporation, a partnership or any association of persons.


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