Section 53-3-202 shall not apply to advertisements or offers to sell, or sales, where:

(1) The sales are made in an isolated transaction and not in the usual course of business, including, but not limited to, date commemoration, promotional events, grand openings and other temporary price reductions not intended to injure a competitor or injure or destroy competition. The isolated transactions shall not exceed three (3) days per month and, in any event, shall not exceed a total of fifteen (15) days in a twelve-month period;
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Terms Used In Tennessee Code 53-3-204

  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Sell: includes "offer for sale" "expose for sale" "have in possession for sale" "exchange" "barter" or "trade". See Tennessee Code 53-3-103
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(2) The merchandise is damaged;
(3) The items are sold upon the final liquidation of any business;
(4) The items are sold or given away for any charitable purposes;
(5) Bids are made in response to invitations from federal, state, county or municipal institutions and agencies, and contracts and deliveries pursuant to responses to invitations;
(6) The items are sold by an officer acting under the direction of any court;
(7) The price of the items is made in good faith to meet competition; provided, that the prices shall not be cut more than once, nor, in any event, cut below the price of competition;
(8) The items are sold for consumption on the premises where sold; or
(9) The items are sold within twenty-four (24) hours of the expiration or sell-by date imprinted on the item.
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