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(a) This part applies to any person who makes a
record regarding:
(1) A type-certificated product, or
(2) A product, part, appliance or material that may
be used on a type-certificated product.
(b) Section 3.5(b) does not apply to records made
under part 43 of this chapter.
(a) Definitions. The following terms will
have the stated meanings when used in this section:
Airworthy
means the aircraft conforms to its type design and
is in a condition for safe operation.
Product
means an aircraft, aircraft engine, or aircraft
propeller.
Record
means any writing, drawing, map, recording, tape,
film, photograph or other documentary material by
which information is preserved or conveyed in any
format, including, but not limited to, paper,
microfilm, identification plates, stamped marks, bar
codes or electronic format, and can either be
separate from, attached to or inscribed on any
product, part, appliance or material.
(b) Prohibition against fraudulent and
intentionally false statements. When conveying
information related to an advertisement or sales
transaction, no person may make or cause to be made:
(1) Any fraudulent or intentionally false statement
in any record about the airworthiness of a
type-certificated product, or the acceptability of
any product, part, appliance, or material for
installation on a type-certificated product.
(2) Any fraudulent or intentionally false
reproduction or alteration of any record about the
airworthiness of any type-certificated product, or
the acceptability of any product, part, appliance,
or material for installation on a type-certificated
product.
(c) Prohibition against intentionally misleading
statements. (1) When conveying information
related to an advertisement or sales transaction, no
person may make, or cause to be made, a material
representation that a type-certificated product is
airworthy, or that a product, part, appliance, or
material is acceptable for installation on a
type-certificated product in any record if that
representation is likely to mislead a consumer
acting reasonably under the circumstances.
(2) When conveying information related to an
advertisement or sales transaction, no person may
make, or cause to be made, through the omission of
material information, a representation that a
type-certificated product is airworthy, or that a
product, part, appliance, or material is acceptable
for installation on a type-certificated product in
any record if that representation is likely to
mislead a consumer acting reasonably under the
circumstances.
(d) The provisions of 3.5(b) and 3.5(c) shall not
apply if a person can show that the product is
airworthy or that the product, part, appliance or
material is acceptable for installation on a
type-certificated product.
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