Prohibited acts; exceptions

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    (a)    A guaranty under this section may be:

        (1)    A separate guaranty that specifically designates the product, fabric, or related material; or

        (2)    A continuing guaranty that:

            (i)    Is given by a seller to a buyer;

            (ii)    Applies to any product, fabric, or related material sold to the buyer; and

            (iii)    Is in the form the Department approves.

    (b)    A person may not manufacture, sell, or hold with intent to sell any new or unused product that does not comply with the flammability requirements of this subtitle.

    (c)    A person may not give a false guaranty.

    (d)    This section does not apply to a person who:

        (1)    Receives in good faith a product, fabric, or related material that is covered by a guaranty that is signed by and contains the name and address of the person who manufactured the product, fabric, or related material or from whom it was received;

        (2)    Has not altered the flammability of the product, fabric, or related material covered by the guaranty; and

        (3)    Reasonably and in good faith relies on the guaranty.


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