As used in this part, unless the context otherwise requires: “Current model” means a model listed in the wholesaler’s, manufacturer’s or distributor’s current sales manual or any supplements thereto; “Current net price” means the price listed in the supplier’s price list or catalogue in effect at the time the contract is cancelled or discontinued, less […]
No supplier, directly or through an officer, agent or employee, may terminate, cancel, fail to renew or substantially change the competitive circumstances of a retail agreement without good cause. “Good cause” means failure by a retailer to comply with requirements imposed upon the retailer by the retail agreement if such requirements are not different from […]
Whenever any retailer enters into an agreement, evidenced by a written or oral contract, with a supplier wherein the retailer agrees to maintain an inventory of parts and to provide service and the contract is terminated, then the supplier shall repurchase the inventory as provided in this part. The retailer may keep the inventory if […]
No supplier shall: Coerce any retailer to accept delivery of equipment, parts or accessories which the retailer has not ordered voluntarily, except as required by any applicable law, or unless parts or accessories are safety parts or accessories required by the supplier; Condition the sale of additional equipment to a retailer upon a requirement that […]
The supplier shall repurchase that inventory previously purchased from such supplier and held by the retailer on the date of termination of the contract. The supplier shall pay one hundred percent (100%) of the current net price of all new, unsold, undamaged and complete farm implements and machinery, construction, utility and industrial equipment, outdoor power […]
Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year, after termination or cancellation, the retailer’s reserve account for recourse, retail sale or lease contracts shall not be debited by a supplier or […]
This part shall not require the repurchase from a retailer of: Any repair part which, because of its condition, is not resalable as a new part; Any inventory which the retailer desires to keep; provided, that the retailer has a contractual right to do so; Any farm implements and machinery, construction, utility and industrial equipment, […]
If any supplier fails or refuses to repurchase and pay the retailer for any inventory covered under this part within sixty (60) days after shipment of such inventory, such supplier shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the retailer, […]
In the event of the death of the retailer or the majority stockholder of a corporation operating as a retailer, the supplier shall, at the option of the heir or heirs, repurchase the inventory from the heir or heirs of the retailer or majority stockholder as if the supplier had terminated the contract. The heir […]
This part shall not be construed to affect in any way any security interest which the supplier may have in the inventory of the retailer, and any repurchase hereunder shall not be subject to the bulk sales law. The retailer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed […]
A retailer may bring an action for civil damages in a court of competent jurisdiction against any supplier found violating any of the provisions of this part, and may recover damages sustained as a consequence of the supplier’s violations together with all costs and attorneys’ fees. The retailer shall be entitled to injunctive relief against […]
This part shall apply to all contracts and shall apply to all retail agreements in effect which have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after May 16, 1977. This part shall apply to and be binding upon all suppliers, […]
This part shall not be waivable in any contract, and any such attempted waiver shall be null and void. If any provision or item of this part or the application thereof is held invalid, it shall not affect other provisions, items or applications of this part which can be given effect without the invalid provisions, […]
Part 15 of this chapter does not apply to retailers, as defined in this part.
