Approved Code — No. 26 — Amendment No. 1 Registry No. 1326 — 01 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 AMENDMENTS TO 
 CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 GASOLINE PUMP 
 MANUFACTURING INDUSTRY 
 
 AS APPROVED ON DECEMBER 21, 1933 
 BY 
 
 PRESIDENT ROOSEVELT 
 
 UN!V. OF FL Lli. 
 nnniJ ^ENTS DEPT 
 
 I U.S. OEPOSiTOSY 
 
 1. Executive Order 
 
 2. Letter of Transmittal 
 
 3. Code 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON : 1933 
 
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 (H) 
 
EXECUTIVE ORDER 
 
 Amendment to the Code of Fair Competition for the Gasoline 
 Pump Manufacturing Industry 
 
 An application having been duly made by the Executive Committee 
 of the Code of Fair Competition for the Gasoline Pump Manufactur- 
 ing Industry under date of October 18, 1933, pursuant to and in full 
 compliance with the provisions of title I of the National Industrial 
 Recovery Act, approved June 16, 1933, and pursuant to article X 
 of the Code of Fair Competition for the Gasoline Pump Manufac- 
 turing Industry, approved by me in my Executive order of Septem- 
 ber 18, 1933, for my approval of modifications of said code of 
 fair competition proposed in said application, and full hearings 
 having been held thereon and the Administrator, under date of 
 December 9, 1933, having rendered his report on the hearing held 
 in Washington, D.C., on November 7, 1933, together with his recom- 
 mendations and findings with respect thereto, and the Administrator 
 having found as set forth in said report that the said modifications 
 comply in all respects with the pertinent provisions of title I of 
 said act and that the requirements of clauses 1 and 2 of subsection 
 (a) of section 3 of said act have been met: 
 
 NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 
 United States, pursuant to the authority vested in me by title I 
 of the National Industrial Recovery Act, approved June 16, 1933, 
 and otherwise, do adopt and approve the report, recommendations, 
 and findings of the Administrator and do order that said modifica- 
 tions of the Code of Fair Competition for the Gasoline Pump Manu- 
 facturing Industry be, and they hereby are approved and made a 
 part of said code. 
 
 FRANKLIN D. ROOSEVELT. 
 
 Approval recommended : 
 Hugh S. Johnson, 
 
 Administrator. 
 
 The White House, 
 
 Decemher 21, 1933. 
 
 27199° 244-231 33 (1) 
 
December 9, 1933. 
 The President, 
 
 The White Bouse. 
 
 This is a report on a hearing of the modification of the Code of 
 Fair Competition for the Gasoline Pump Manufacturing Industry 
 held in Washington, D.C., on November 7, 1933, submitted by the 
 Executive Committee of the Gasoline Pump Manufacturing Indus- 
 try in accordance with Article X of said Code approved by you in 
 your Executive Order of September 18, 1933. Application was made 
 to this office under date of October 18, 1933, by the Planning and 
 Fair Practice Agency for the administration of the Code of Fair 
 Competition for the Gasoline Pump Manufacturing Industry for 
 modification of Articles VI and IX of said Code, since the operation 
 of the Code had demonstrated the fact that these provisions as 
 originally drafted did not adequately regulate the actions of the 
 members of the Industry in their effort to cooperate with the Admin- 
 istration toward the stabilization of their Industry. 
 
 These provisions do not in any way affect the Wage and Hour 
 provisions of the Code or the number of workers employed, and it 
 may be said in summary that their specified purpose is further to 
 stabilize an Industry where unfair competition may be exceedingly 
 detrimental to the continued successful operation of the legitimate 
 manufacturers. 
 
 The Administration finds that: 
 
 (a) The Code as amended complies in all respects with the per- 
 tinent provisions of Title I of the National Industrial Recovery Act, 
 including without limitation, subsection (a) of Section 7, and sub- 
 section (b) of Section 10 thereof. 
 
 (b) The applicant group imposes no inequitable restrictions on 
 admission to membership therein, and are truly representative of 
 their industry. 
 
 (c) The provisions of the Code as amended are not designed to 
 promote monopolies or to eliminate or oppress small enterprises and 
 will not operate to discriminate against them, and will tend to effec- 
 tuate the policy of Clauses one and two of the National Industrial 
 Recovery Act. 
 
 It is recommended, therefore, that the modification to this Code 
 be adopted immediately. 
 Respectfully submitted. 
 
 Hugh S. Johnson, 
 
 A dministrator. 
 
 (2) 
 
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
 GASOLINE PUMP MANUFACTURING INDUSTRY 
 
 1. Subsection 4 (c). Article VI of the Code of Fair Competition 
 for the Gasoline Pump Manufacturing Industry shall be and hereby 
 is amended by deleting the words " f.o.b. factory " in the sixth lifie 
 and the words " charges prepaid '' in the seventh line and further by 
 deleting the last sentence of said Subsection as follows : " The manu- 
 facturer's liability for damages caused by any such defective parts 
 shall be limited to such repair or replacement and in no event shall 
 the manufacturer be liable for indirect or consequential damage ", 
 so that said Subsection as amended shall read : 
 
 " The following standard guarantee : The manufacturer guarantees 
 all parts of the equipment shipped under this agreement for one year 
 and no more from date of invoice thereof, against defective material 
 or workmanship (but not against damage caused by accident, abuse, 
 or faulty installation) when the equipment is installed in accordance 
 with the manufacturer's specifications, and will repair or replace 
 free of charge all such defective parts if returned to the factory." 
 
 2. Section (c), Article IX of said code shall be and hereby is 
 amended by adding thereto after the words " as above provided " 
 the following: "except to purchasers with whom other members of 
 the industry have legally binding contracts, made prior to the effec- 
 tive date of this code, during the term of any such contract; provided, 
 however, that this exception shall be limited to the products specified 
 herein, and to the requirements of any such purchaser in excess of 
 the quantity or percentage of requirements so specified during the 
 term of said contract and provided, further, that any member of the 
 industry may meet but shall not exceed such contract prices, dis- 
 counts and terms of payment " so that said Section is hereby amended 
 to read: 
 
 " No manufacturer in the Industry shall sell any product of the 
 Industry at prices lower or discounts greater or on more favorable 
 terms of payment than the approved schedule of such manufacturer 
 on file at the office of the Executive Committee as above provided, 
 except to purchasers with whom other members of the Industry 
 have legally binding contracts, made prior to the effective date of 
 this code, during the term of any such contract; provided, however, 
 that this exception shall be limited to the products specified herein, 
 and to the requirements of any such purchaser in excess of the quan- 
 tity or percentage of requirements so specified during the term of 
 said contract, and provided further that any member of the Industry 
 may meet but shall not exceed such contract prices, discounts and 
 terms of payment ". 
 
 3. Article IX of said code shall be and hereby is amended by adding 
 thereto a new section to be designated Section (e) as follows: 
 
 (3) 
 
" Any member of the Industry may enter into an agreement witli 
 a jobber or distributor by which such jobber or distributor may agree 
 that he will sell the products purchased from such manufacturer at 
 not less than the prices contained in the published price schedules 
 of such manufacturer in effect at the time of any such sale ". 
 
 4. Article IX of said code shall be and hereby is amended by add- 
 ing thereto a new section to be designated Section (f) as follows: 
 
 " Each member of the industry shall file with the Executive Com- 
 mittee within five days after the effective date of this amendment, 
 and from time to time thereafter, but not oftener than once every 
 thirty days, a list of discontinued lines, or obsolete or surplus stocks, 
 of products which such member is willing to sell below the prices 
 noted in the price lists or on more favorable terms and conditions 
 of sale than the terms and conditions of sale previously filed by 
 such member with the Executive Committee in accordance with the 
 provisions of paragraph (b) of this Article IX, and in effect at the 
 time of the filing of such list, and the prices at which, or the terms 
 and conditions of sale in accordance with which, such member is 
 willing to sell the same or any part thereof, which list shall con- 
 tain such information as to the quantity, size, weight, etc., of the 
 products therein as the Executive Committee may deem necessary. 
 Before any sales of any such products shall be made by any mem- 
 ber of the industry, the list, prices, and terms and conditions of sale 
 so filed shall first be approved by the Executive Committee. WhBn 
 all of any class of products noted on any such list shall have been 
 sold the member of the industry filing such list shall notify the 
 Executive Committee to that effect. The foregoing provisions of 
 this paragraph (f) of Article IX shall at all times be subject to 
 modification or disapproval by the Administrator." 
 
 5. These amendments shall become effective on the third day 
 after their approval by the President. 
 
 Approved Code No. 26 — Amendment No. 1. 
 Registry No. 1326-01. 
 
 o 
 
UNIVERSITY OF FLORIDA 
 
 3 1262 08855 5874