Code of fair competition for the construction machinery distributing trade as approved on January 23, 1934

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Material Information

Title:
Code of fair competition for the construction machinery distributing trade as approved on January 23, 1934
Portion of title:
Construction machinery distributing trade
Physical Description:
p. 369-379 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Construction equipment industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1399-17."
General Note:
"Approved Code No. 223."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931493
oclc - 646188122
System ID:
AA00008292:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION
FOR THE

CONSTRUCTION MACHINERY

DISTRIBUTING TRADE

AS APPROVED ON JANUARY 23, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents


UNI V. OF FL L'i.


UI .. D T7

U__O. y3PC^'T~ 'I


Approved Code No. 223


Registry No. 1399-17

























This publication ig for sale by the Supeiiriintendent of Documents, Governmelnt
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Buillding.
Boston, Mans.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Cliamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
('civelandl, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, MiD-h.: 801 Firs-,t Natioinnl Bank Buildiii;'.
Houston, Tex.: Chamber of Commerce Building.
Indinuarpolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Anigeleq. Calif.: 1163 South Broaldway.
Louisville, Ky.: 408 Federal Building.
Mcmnphis. Tenn.: 229 Federal Building.
Minneapolis. Minn.: 213 Federal Buildling.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Stieet.
Pjlil:i,-lplhia. Pa.: 422 Commercial Tiu-it Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.

























(Reprinted Code)
Approved Code No. 223 Registry No. 1399-17

ERRATA SHEET

CODE OF FAIR COMPETITION
FOR THE

CONSTRUCTION MACHINERY DISTRIBUTING
TRADE

As Approved on January 23, 1934

Article II, paragraph 2, line 10, insert the word "rents after the
word "sells ", so that the phrase reads as follows: "who warehouses,
sells, rents, or distributes construction machinery ".


.. S. GOVERNMENT PRINTING OFFICE: 194


101440-1385-42--34









































Digitized by the Internet Archive
in 2011 with funding from
University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation


http://www.archive.org/details/codeoffaircompet9199unit














Approved Code No. 223 Registry No. 1399-17

ERRATA SHEET

CODE OF FAIR COMPETITION

FOR THE

CONSTRUCTION MACHINERY DISTRIBUTING TRADE

As Approved on January 23, 1934

Article II, 2nd paragraph, 5th line, add the word rents" after
"sells."
Article VII, Section 2, 4th line, replace which by the word
" with."
Article VII, Section 3, 3rd and 4th lines, replace the words
"purchasers by the words customers."
Article VII, Section 4, 3rd line, replace the word sellers by the
word distributors."
Article VII, Section 6, delete everything starting with the \word
providede" in the 5th line to and including the words "such
machinery in the 10th line.


U. S. GOVERNMENT PRINTING OFFICE: 193S


105033--1385-137---35












Approved Code No. 223


CODE OF FAIR COMPETITION
FOR THE

CONSTRUCTION MACHINERY DISTRIBUTING
TRADE

As Approved on January 23, 1934





ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE

CONSTRUCTION MACHINERY DISTRIBUTING
TRADE

An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code
of Fair Competition for the Construction Machinery Distributing
Trade, and hearings having been duly hteh thereon and the annexed
report on said Code, containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval Recommended:
MALCOLM MTUIR,
Division A dninistrafor.
WASHINGTON, D.C.,
January 23, 1934.
35367--313-112-34 (369)











The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Construction Machinery Distributing Trade in the Tnited States,
as revised after a Public Hearing, conducted in Washington on
October 9, 1933, in accordance with the provisions of the National
Industrial Recovery Act.

PROVISIONS FOR WAGES AND HOURS

A maximum work week of forty (40) hours, and not to exceed
eight (8) hours per day is adopted under the Code, with provision
for peak periods of forty-eight (48) hours per week for not more
than three (3) weeks of any six (6) months' period. Executives
receiving more than thirty-five (35) dollars per week and outside
salesmen are excepted from the schedule of nmaximum hours, while
outside service employees, those engaged in plant maintenance, and
stock room employees may work a maximum of forty-eight (48)
hours per week with payment of time and one-third for all hours
worked in excess of forty (40) hours per week. Watlchenl may not
work more than fifty-six (56) hours in any one (1) week, nor more
than six (6) days in any seven (7) day period.
The minimum wage for all hourly rated employees will be not
less than forty (40) cents per hour, except that learners may be paid
at the rate of not less than eighty (80) percent of this minimum wage
for the first six (6) months of their employment. The number of
such learners shall not exceed five (5) percent of the total employees.
Clerical employees will be paid at the rate of not less than fifteen
(15) dollars per week, while office boys will be paid at not less than
eighty (80) percent of this rate.
The Code has a provision for equitable adjustment of all pay
schedules in excess of the minimum provided.

CHILD I.ABOI

The minimum age of employees will be sixteen (16) years, except
in hazardous occupations, where the minimum is raised to eighteen
(18) years.
EI-:('Nl'MIIf EFFECT OF THIE 'OlDE

Tr,. forty (40) hour wI\'k stipiihited in the Code is a reduction
from a former average of fifty (50) hours, and the Tradel ctim nate
flat under the Code employlviit will be increased approximately
fifteen (15) percent.
fMinillum 1%ilg rate-s spe'cifi'ed represent an increase of approxi-
Im:it1y twelve (12) percent over the waigty prevailing before the
adopt iiO of the hourly schedulle called for in this Code.
The three hundred and eighty (380) compn i nie-~ in the Trade im-
ployed five thl..-and (5,000) nI'ii in lt.',; thi i number declined to







371


four thousand five hundred (4,500) in 1932, a drop of ten (10) per-
cent. Sales during this period declined to twenty-one (21) percent
of the 1929 figure.
This Trade distributes road machinery and other classes of con-
struction machinery and equipment. Activity in the Trade neces-
sarily follows the building programs of the country and the Trade
has suffered severely because of the lack of building during the last
four years. A realization of the expected increase in construction
activity will mean a rapid rise in employment in this Trade.

FINDINGS

The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Trade normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is a trade association truly representative of the aforesaid
Trade; and that said association imposes no inequitable restrictions
on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, this Code has been approved by me.
Respectfully,
HUGH S. JOHNSON,
Administrator.
JANUARY 23, 1934.













CODE OF FAIR COMPETITION


FOR THE
CONSTRUCTION MACHINERY DISTRIBUTING TRADE


AIITIC(LE I-PURPPSES

To effectuate the policy of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Code of
Fair Competition for the Constriunction Machinery Distributing
Trade and upon approval by the President. shall be the standard
of fair competition for such Trade and shall be binding upon every
member thereof.
An 'r'LE II-DEFINITIONS

The term "Construction Machinery", or "Machinery", as used
herein, shall include any machinery, equipment, or attachments used
in the construction or mainilte-nance of any project, but not becoming
a permanent part of the structure or of its operation.
The term "Con triiction Machinery Distributor", or "Distribu-
tor", as used herein, shall include any person, other than a manu-
fahturer, who warehouse-., sells, or distributes construction machinery
as herein above defined.
The term "Construction Machinery Dis.tributing Trade", or
"Trade", as used herein, includes distributors as herein above
defined.
The terin Menber of the Trade as used herein includes anyone
engaged in the Trade as above definedd either as an employer or on his
own behalf.
The term Employee as U-cd herein includes anyone engaged in
the Trade in any capacity receiving compensation for his services, ir-
respective of the nature or method of p:iymient of such compensation.
The term Emplnyer as used ihrein includes anyone by whom
any su-hl e(nlmployee is compiensa;ted or employed.
The term Learner as tsi(l herein is a person having no previous
experience in the Trade, and wlho-e employment in the Tradle as such
shall not exceed six (6) months.
The terms President", "Act ", and "Administrator", as used
herein, shall niean respectively, the President. of the United States,
the National Indiistrial Recovery Act, and the Admini trator of
Title I of the said Act.
The teri Effective Date" a, use.-d herein means the second Mon-
day after the Code li hall have berJn approved. by the Pre.-ident. of the
United States.
(372)







373


ARTICLE III-HOURS

SECTION 1. No employee, except as hereinafter provided, shall be
permitted to work in excess of eight. (8) hours per day or in excess
of forty (40) hours per week or in excess of six (6) days in any one
week; provided, however, that during inventory and other peak
periods, an employee may be permitted to work not in excess of forty-
eight (48) hours per week in any three (3) weeks in any six (6)
month's period.
SEc. 2. The limitation as to hours of work shall not apply to per-
sons in a managerial, executive, or supervi-ory capacity, who receive
more than thirty-five (35) dollars per week, and outside salesmen.
Watchmen shall not be permitted to work in excess of fifty-six
(56) hours per week nor in exce-s of six (6) days in any seven (7)
day period.
SEC. 3. The limitation as to hours of work shall not apply to
persons engaged in outside delivery service, plant maintenance, out-
side repair, and/or installation service, nor to persons engaged in
stock receiving and shipping service, who shall be permitted to work
not in excess of forty-eight (48) hours in any one week, provided
time and one-third is paid for all hours worked in excess of forty
(40) hours per week.
SEC. 4. The total number of hours which shall be worked by any
employee whether with one or more employer-, shall not exceed the
maximum as pre-cribed herein.
ARTICLE IV-WAGES

SECTION 1. The niinimunl wage that may be paid by any employer
to any enlployee, except as hereinafter provided, shall be not less
than forty (40) cents per hour; provided, however, that learners
may be paid at a rate of not less than eighty (80) percent of the
above minimum rate;
Provided, further, that the number of learners receiving less than
such minimum rate shall not exceed five (5) percent of the total
number of employees of any one employer covered by this section;
except in cases where the total number of such employees is less than
twenty (20), not more than one such learner may be thus employed.
SEC. 2. The minimum wage that may be paid by any employer to
all clerical employees and salesmen (whether employed on a salary
or commission basis) shall be at a rate of not less than fifteen (15)
dollars per week;
Provided, however, that office boys and girls may be paid at a
rate of not less than eighty (80) percent of such minimum wage;
Provided, further, that the number of such office boys and girls
shall not exceed five (5) percent of the total number of employees
of any one employer covered by this section; except in cases where
the total number of such employees is less than twenty (20), not
more than one such office boy or girl may be thus employed.
SEC. 3. No employee whose normal full-time weekly hours for the
four (4) weeks ending June 30, 1933, are reduced by less than twenty
(20) percent, shall have his or her full-time weekly earnings re-






374


duced. Any employee whose said full-time weekly hours are re-
duced1 by fifty (50) percent shall not have his or her said earnings
reduced by more than twenty-five (25) percent. All other employees
whose hoir.s are reduced in excess of the said twenty (20) percent
shall have their earnings adjusted proportionately.
Sie". 4. No per-on who has worked as a learner in the trade for
the period of timi prescribed in Article II may thereafter be
cln.--ififll as a learner.

A Rn I. I: V-GI-:NI:I-.\L LABOR PRnVISIONS

SE iTN-, 1. No person Iunder sixteen (16) years of age shall be
employedl in the Triade, nor anyone under eighteen (18) years of
age at operatiiin.s or oc(,ipatiens hazardous, in nature or detrimental
to health. In any State an employer shall be deemed, to have com-
plied with this provision as to age if he shall have on file a certifi-
cate or permit, duly i-stiied by the Authority in such State empowered
to i-iie 1 emplovyment or age certificates or permits. showing that the
employee is of the required age.
SFC. 2. Employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the intErfereence, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or in
self-oIranization or in other concerted activities for the purpose of
collc.ti bargaining or other mutual aid or protection.
S:. 3. No employee and no one seeking employment shall be
1re(liried as a condition of employment to join any company union
or to refrain from joining. organizing, or as.-i-ting a labor organ-
ization of his own choosing.
SEC. 4. Employers -haill comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
SEC. 5. Within each State this Code shall not suplersede any laws
of such State impoling more stringent. requirements on employers
regitliatingL the ;iag of ernplloyees, wages. hours of work, or health,
fire. or gtE'leral wo1rkini,_ conditions than under this Code.
Si.u. 6. Employers shall not recla~.sify employees or duties of occu-
patins prforined by employees i-o as to defeat the purposes of the
Ac-t.
SEC. 7. Each employer shall ~pos)t in conspicuous places Articles
III. IV. and V of this Code.

A_\TICLE VI-ADMINI TIRATION

S r -nrix 1. To further effcttiite the policies of the Act. a Code
Authority is hereby set up as a Supervisory Agency to cooperate
with the Admlninistratior in making investigations as to the function-
ing and oilh.-srvance of any of the lprovi.sions of this Code, at its own
ini-ti:rI'o. or on ceipl)laint by any person affected and to report the
same to thi Administrator.
SI-. 2. Suchl Codle Auithority shall consist of three members
chosen 1tv the Executive Commnittee of the Asiociated Equipment






375

Distributors; members of the Trade who as:.-nt to the Code, but are
not members of the Associated Equiiplenit Di.- ritutors may, if they
desire, elect two additional inembler~ of said Coi. A.-:illity in any
fair manner approved by the Admini.-'trato. The Admiii-tratr
may also appoint one to three additional members. without vote, to
serve as representatives of the Government. Si,. g overniintal
representatives. are to be appointed for terms of from six (6) m ith-;
to one (1) year, and if imore than one i. appoi't.l,1. their terms are
to be arranged so that they do not expire at the same time. The
Code Authority shall have authority to e.tablish .-Iuichoullittees and
stat., regional, or local coinniittees, with such ldel ated powi-r. as it
may deem necessary.
SEC. 3. (a) Any imeber of the Trade may le inll'? a member of
the Associated Equipment Di-tributors and there shall be no in-
equitable re:;triction on such member-hip.
(b) Any member of the Trade may participate in and share the
benefits of the activities of the Code Authority and participate in
the selection of the members thereof to the same extent as the. mem-
bers of the Associated Equipment Distributors by assenting to and
complying with the requirements of this Code and isustaining his
reasonable share of the expenses of its administration. Such rea.,on-
cble share of the expenses of administration shall be determined by
the Code Authority, subject to review by the Administrator, on the
basis of volume of bu.imness and/or -uch other factors as may be
deemed equitable.
Sec. 4. Each trade or trade as-sociation directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall:
(1) Impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of a.-sociation,
bylaws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Admini:trator may deem necessary to effectuate
the purposes of the Act.
SEC. 5. In order that the Code Authority shall at all times be truly
representative of the Trade and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper; and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority.
SEC. G. The Code Authority may require members of the Trade to
make reports on such forms and in such manner as may be necessary
properly to inform the President of the United States with respect
to the observance of the Code, and to make recommendations to the
Administrator for modification of the Code.
In addition to information required to be submitted to the Code
Authority, there shall be furnished to government agencies such sta-
tistical information as the Administrator may deem necessary for
the purpose recited in Section 3 (a) of the National Industrial Re-
covery Act.
SEC. 7. The Code Authority shall study the trade-practice pro-
visions of this Code and the operation thereof and shall make any






376


recommendations from time to time to the Administrator which it
deems desirable for modification or addition thereto.
SEC. 8. Any action taken by the Code Authority shall be subject
to the right of the Administrator on review to approve or disapprove
such action.
ARTICLE VII-TRADE PRACTICES

The following practices constitute unfair methods of competition
and are prohibited:
SECTION 1. Inducing or attempting to induce a breach of contract
to which a member of the Trade is a party.
SEC. 2. Enticing or attempting to entice the officers or employees
of a competitor to violate their contract of employment.; provided,
however, that nothing in this Section 2 shall prevent an employer
from employing the employees of another employer.
SEC. 3. Paying or allowing secret rebates, refunds, unearned dis-
counts or credits, either in the form of money or otherwise, or
secretly extending to certain purchasers special services or privileges
not extended to all purchasers on like terms or conditions.
SEC. 4. Paying or agreeing to pay, directly or indirectly, a com-
mission or consideration of any kind, except to persons regularly
employed in the seller's organization or to regularly established
subdealers; provided, however, that nothing in this Section 4 shall
be construed to prevent the allowance of discounts to customers as
prescribed in the seller's published price lists and discount sheet.
SEC. 5. Accepting or offering to accept used machinery or attach-
ments, u-ed equipment, or other property in trade on the purchase
price of new machinery or attachments, or allowing or granting
credit, directly or indirectly, therefore; provided, however, that
nothing herein contained shall be construed to prevent a member of
the Trade from purchasing used machinery or equipment or other
property as a separate and independent transaction.
SEC. 6. Selling below list price. No member of the Trade shall
sell or offer to sell any new standard machinery, attachments, or
equipment at a price lower or on terms more favorable than as
stated in his published price lists, or price lists with discount sheets.
if any, filed in accordance with Article IX; provided, however, that
damaged, obsolete, noncurrent, and distress construction machinery,
attachments, or equipment may be sold at such prices as are necessary
to move the goods into buyers' hands, but only after filing with the
Code Authority at least ten (10) days in advance of such sale a list
showing the quantity and description of such machinery.
SEC. 7. Quoting a lump-sum price on two or more pieces of equip-
ment which does not show unit prices, or making additions or
deductions on any other basis than the unit prices shown.
SEC. 8. Making or offering to make any guarantee on machinery
as to material and workmanship more liberal than the printed or
written guarantee of the manufacturer of such machinery.
SEC. 9. Accepting orders for future delivery subject to cancella-
tion, except such orders as are contingent upon conditions affecting
the purchaser, which conditions shall be clearly stated in the order;
provided, however, that after sixty (60) days from (late of order no







377


competition shall be stopped under Section 1 of this Article VII
from attempting to sell the purchaser n.lclhinery in lieu of that
covered by such contingent order.
SEC. 10. Misrepresenting the facts about a competitor or the gods
which he sells.
SEC. 11. Misrepresenting the fats about one'., own c',liipany or the
goods which it sells.
SEC. 12. Quoting delivered prices or invoicing purchaser without
adding. to the f.o.b. factory pri,'e, tran-portation and other charges,
and failing to state in quotation, where freight is to be prepaid, that
such prepaid freight, will be charged as a sepnarat item and billed
net cash.
SEC. 13. Guara!lteeing against advances and declines in prices of
goods sold.
SEc. 14. Allowing more than ninety (90) percent of the net selling
prices as credit on returned goods when the distributor or manufac-
turer is not at fault.
SEC. 15. Discriminating bet ween purchalsers by renting new ma-
chines or attachments at less than a reasonable rental price or by
allowing any of the first two months' rental or more than eighty (SO)
percent of rentals thereafter paid or accrlltei to be applied as partial
payment or reduction of the list or net selling price on like new
equipment where the transaction is later converted into a sale.
SEC. 16. Selling a new machine or attachment subject to accept-
ance after trial; provided, however, that this shall not prevent
making and completing a sale subject to performance in compliance
with specific guarantees.
SEC. 17. Failing to require on installment sales at least twenty-five
(25) percent cash payment before shipment or on delivery of the
goods sold and the payment of the balance of the purchase price
in monthly installments, the first installment to be payable in not
more than sixty (60) days from (late of shipment, the lhst install-
ment to be payable in not more than twelve (12) months from date
of shipment. All installments shall be evidenced by notes bea ing
date of shipment and bearing interest at the rate of not less than
six (6) percent per annum from d:ite of shipment until paid. No in-
stallment note shall be extended or renewed in whole or in part
except for actual inability of the purchaser to make payments. No
understanding for renewal or extension of any installment note shall
be made prior to the sale of the goods to the purchaser. In the < ase
of government or political subdivisions not less than twenty-five (25)
percent cash payment shall be made not later than the first regular
meeting of the purchasing body sub-equent to the date of delivery;
the balance of the purchase price may be spread over a period of not
more than twelve (12) months from date of sliipment and shall in-
clude interest at not less than six (6) percent per annum from date of
shipment to date of payment.

ARTICLE VIII-SCOPE OF CODE

Any member of the Trade may elect to be governed by either the
fair trade practices as set forth in Article VII of this Code or by the
fair trade practices set forth in the Code of Fair Competition of the






378


manufacturer or manufacturers of the goods which are sold by such
member of the Trade. Any member of the Trade shall be conclu-
sively presumed to have elected to be governed by the fair trade prac-
tices of this Code unless he shall have filed notice of a contrary in-
tention with the Code Authority of this Code and the Code Authority
of the Code by the fair trade practices of which he elects to be gov-
erned. Such election may be changed at any time upon notice filed
with the said Code Authorities. Provided, however, that the fair
trade practice provisions of Article VII of this Code shall not be
binding upon any member of the Trade with respect to the Goods
sold by the ultimate purchaser in competition with other sellers not
members of this Trade, unless and until such other sellers of said
competitive machinery are brought within the scope of the trade
practice provisions of this or some other Code of Fair Competition.

ARTICLE IX-PUBLICITY OF PRICES

SECTION 1. Each mellber of the Trade shall within thirty (30)
days after the effective date of this Code file with the Code Author-
ity copies of his price lists, with discount sheets, if any, showing
prices for all machinery, attachments, and equipment which said
number sells. Each member of the Trade shall at all times main-
tain and file with the Code Authority price lists, with discount
sheets, if any, showing prices of all of said machinery, attachments,
and equipment and shall not make any change in said prices except
by filing notice of such price changes as hereinafter provided.
SEC. 2. None of the prices shown in any price lists, with discount
sheets, if any, filed by any member of the Trade as herein provided,
shall be changed except by filing by such member of the Trade of
new price lists, with discount sheets, if any. When any member of
the Trade has so filed changes in or revisions of his published price
lists, with discount sheets, if any, any other member of the Trade
may so file changes in or revisions of his published price lists, with
discount sheets, if any, which, if filed prior to the date when the
changes or revisions first filed become effective, shall become effective
upon that date.
SEC. 3. Each price list, with discount sheet, if any, shall become
effective ten (10) days after the filing of such price list, with dis-
count sheet, if any, with the Code Authority; provided, however,
that the first price lists, with discount sheets, if any, filed by any
member of the Trade as above provided, shall become effective on
the date of filing thereof.
SEC. 4. The operation of the foregoing shall at all times be subject
to review and disapproval of the Administrator.

ARTICLE X-MODIFICATION

SECTION 1. This Code and all the provisions thereof are expreqqly
made subject to the right of the President, in accordance with the
provisions of Section 10 (b) of the Act, from time to timn to (;ncel
or modify any order, approval, license, rule, or regulation issued
under Title I of said Act and specifically, but without limitation, to







379


the right of the President to cancel or modify his approval of this
Code or any conditions imposed by him upon his approval thereof.
SEC. 2. This Code, except as to provisions reilired by the Act,
may be modified on the basis of experience or changes in circium-
stances, such modification to be lia:sed upon application to the Ad-
ministrator and such notice and hearing as he shall speify, and to
become effective on approval by the President.

ArTIc.LE XI--MNiiu l-l I:S

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.

ARTICLE XII-EFFECTIVE DATE OF THIS CODE

This Code shall become effective on the second Monday after
its approval by the President and shall be binding upon every
member of the Trade.
Appruveil Code No. 223.
Registry No. 1399-17.




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