407.674. Delivery date of goods, exception--savings claims, requirements--contracts not in compliance, unenforceable.
Delivery date of goods, exception--savings claims,requirements--contracts not in compliance, unenforceable.
407.674. 1. Every contract shall provide that if any goods,except furniture or custom manufactured goods, ordered by themember from the buying club, are not delivered to the member oravailable for pick-up by the member at the location where theorder was placed within six weeks from the date the member placedan order for such goods, then any payment by the member for suchgoods in advance of delivery shall, upon the member's request, befully refunded, unless a predetermined delivery date has beenfurnished to the member in writing at the time he or she orderedsuch goods and the goods are delivered to the member or availablefor pick-up by that date. Every contract shall disclose thatdelivery dates for furniture or custom manufactured goods cannotbe predicted, if such is the case.
2. Every contract shall provide that all savings claims madeby the buying club are based on price comparisons with retailersdoing business in the trade area who sell or offer for sale thesame or comparable goods and at the prices the goods are actuallysold or offered for sale by such retailers.
3. Any contract which does not comply with subsections 1 and2 of this section shall be void and unenforceable.
(L. 1988 H.B. 988)