§481-6  When sale at less than cost
permitted.  Sections 481-3 to 481-5 shall not apply to any sale made:



(1)  In closing out in good faith the owner's stock or
any part thereof for the purpose of discontinuing the owner's trade in any such
stock or commodity, and in the case of the sale of seasonal goods, or to the
bona fide sale of perishable goods to prevent loss to the vendor by spoilage or
depreciation, provided notice is given to the public thereof;



(2)  When the goods are damaged or deteriorated in
quality, and notice is given to the public thereof;



(3)  By an officer acting under the orders of any
court;



(4)  In an endeavor made in good faith to meet the
lawful prices of a competitor, as herein defined, selling the same article or
product, or service or output of a service trade, in the same locality or trade
area;



(5)  By the government or any agency thereof, of the
United States, the State, or any county, or by post exchanges or ships' service
stores operating under and in accordance with United States army or naval
regulations.



In case of any sale at less than cost which
does not fall within (1) to (5) of this section, the burden of proof shall be
on the defendant to show that the sale was not made for the purpose of injuring
competitors and destroying competition within the meaning of this part.



Any person, firm, or corporation who performs
work upon, renovates, alters, or improves any personal property belonging to
another person, firm, or corporation, shall be construed to be a vendor within
the meaning of this part. [L 1937, c 223, §6; am L 1941, c 175, §2; RL 1945,
§9326; am L 1955, c 241, §1(c); RL 1955, §205-7; HRS §481-6; gen ch 1985]