MARVIN MANDEL, Governor

533

[[(2)]] (II) THE OFFEROR WILL GIVE THE
CUSTOMER AN IDENTICAL OR SUBSTANTIALLY SIMILAR ITEM OF
EQUAL VALUE ON PRESENTMENT OF THE CERTIFICATE[[.]]: AND

(2) FULLY COMPLY WITH THE TERMS OF THE
CERTIFICATE.

(B) TIME FOR PRESENTMENT OF CERTIFICATE.

THE CERTIFICATE MAY DESIGNATE A PERIOD OF NOT LESS
THAN 90 DAYS AFTER THE DATE THE CUSTOMER RECEIVES THE
CERTIFICATE WITHIN WHICH THE CERTIFICATE MUST BE
PRESENTED FOR REDEMPTION.

REVISOR'S NOTE: This section presently appears as
Art. 83, §27A.

In the introductory language to subsection
(a) , the word "offer" is substituted for
"giving of the gift" for purposes of clarity.

In subsection (a) (2), the specific requirement
that the offeror "replenish his supply of the
item" is deleted as unnecessary in light of
the requirement that, in any event, there be a
substitution made, and as inconsistent with
the requirement that only a "substantially
similar item" be given, not necessarily "the
item," itself.

The last sentence of present §27A, which
provides that the certificate is void after
expiration of the 90—day time period, is
deleted as superfluous in light of the
provisions of subsection (b) of this section.

The only other changes are in style.

With respect to inclusion of this section as
an "unfair or deceptive trade practice,"
subject to the general provisions of this
title, see revisor's note to §13—304.

Although the terms of the certificate are
statutorily mandated, the Commission notes
that there is no express statutory requirement
that the offeror actually comply with these
terms. Consequently, if an offeror fails to
comply, although the offeree may well have a
cause of action for breach of contract the
offeror would not appear to be subject to the
criminal penalties of §13—411. (Of course,
failure to give the customer a certificate in
the first instance would subject the offeror