Definitions.

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(a) “Aesthetic test” shall mean, but not be limited to, a test of a water sample to determine 1 or more of the following:

(1) pH (Acidity/Alkalinity);

(2) Hardness (calcium and/or magnesium content);

(3) Iron content;

(4) Total dissolved solids;

(5) Sulphur content; and

(6) Chlorine taste and odor.

(b) “Buyer” shall mean the actual or prospective purchaser of a residential water treatment system, but does not include persons purchasing for resale.

(c) “Certified laboratory” shall mean a laboratory that is not affiliated with the seller and that is certified to analyze water samples by the Office of Drinking Water of the Division of Public Health of the State. A certified laboratory that is under common ownership with a seller of residential water treatment systems which is operated separately from the seller and which provides services to persons other than the seller shall be deemed to be not affiliated with the seller.

(d) “Door-to-door sale” shall have the meaning set forth in § 4403 of this title.

(e) “Health-related test” shall mean any test to determine whether a water sample meets a Maximum Contaminant Level (MCL) primary drinking water standard established by the United States Environmental Protection Agency under the Safe Drinking Water Act [42 U.S.C. § 300f et seq.], or by the Office of Drinking Water of the Delaware Division of Public Health.

(f) “Heavy metal test” shall mean a test that purports to detect the total content of undifferentiated metal elements in a water sample.

(g) “Place of business” shall have the meaning set forth in § 4403 of this title.

(h) “Precipitation test” shall mean a test that uses chemicals or electricity to precipitate hardness or metal ions in a water sample.

(i) “Residential water treatment systems” shall mean any device that is intended to be connected to the plumbing system of a dwelling in order to filter, purify or otherwise treat potable water.

(j) “Seller” shall have the meaning set forth in § 4403 of this title, except that for the purposes of this chapter the definition of “door-to-door” sale shall not include an exception for transactions that are subject to a right of rescission under § 125 of the Consumer Credit Protection Act (15 U.S.C. § 1635), as set forth in § 4403(3)b. of this title.


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