US Lawyer Database

15-12-3-15. Civil Liability

Sec. 15. A wholesaler, manufacturer, or distributor that fails or refuses to repurchase inventory as required under this chapter within ninety (90) days after the termination of a contract is liable in a civil action to the retailer for: (1) one hundred percent (100%) of the current net price of repair parts; (2) one hundred […]

15-12-3-16. Repurchase After Death, Incapacity, or Insolvency

Sec. 16. (a) If a retailer: (1) is an individual who dies or is incapacitated; or (2) is a corporation that becomes insolvent; the retailer’s heirs, personal representative, guardian, or receiver may compel a wholesaler, manufacturer, or distributor to repurchase the retailer’s inventory under this chapter as if the retailer’s contract had terminated. (b) The […]

15-12-3-1. Application of Chapter

Sec. 1. (a) This chapter applies to the following: (1) Contracts that may be terminated or altered at will. (2) Contracts formed or renewed after June 30, 1989. (b) This chapter may not be construed to impair the obligation of a contract in violation of Article 1, Section 24 of the Constitution of the State […]

15-12-3-17. Inspection of Inventory

Sec. 17. A retailer, wholesaler, manufacturer, or distributor may, in person or through a representative, inspect all inventory and certify its acceptability when it is packed for shipment to the wholesaler, manufacturer, or distributor for repurchase under this chapter. [Pre-2008 Recodification Citation: 15-7-7-17.] As added by P.L.2-2008, SEC.3.

15-12-3-2. “All Terrain Vehicle”

Sec. 2. As used in this chapter, “all terrain vehicle” has the meaning set forth in IC 14-8-2-5.7. [Pre-2008 Recodification Citation: 15-7-7-2.] As added by P.L.2-2008, SEC.3. Amended by P.L.86-2010, SEC.9.

15-12-3-3. “Current Net Price”

Sec. 3. As used in this chapter, “current net price” means: (1) the price listed by a wholesaler, manufacturer, or distributor of inventory in effect at the time a contract is terminated; minus (2) an applicable trade or cash discount. [Pre-2008 Recodification Citation: 15-7-7-3.] As added by P.L.2-2008, SEC.3.

15-12-3-4. “Farm or Industrial Machinery”

Sec. 4. (a) As used in this chapter, “farm or industrial machinery” means any of the following: (1) A farm implement. (2) A tractor. (3) Farm machinery. (4) Utility and industrial equipment. (5) Construction machinery, including a track and wheel tractor, a motor grader, and an excavator. (6) An attachment or repair part for a […]

15-12-3-5. “Inventory”

Sec. 5. As used in this chapter, “inventory” means farm or industrial machinery held by a retailer. [Pre-2008 Recodification Citation: 15-7-7-5.] As added by P.L.2-2008, SEC.3.

15-12-3-6. “Net Cost”

Sec. 6. As used in this chapter, “net cost” means: (1) the price a retailer paid to a wholesaler, manufacturer, or distributor for inventory; minus (2) any discounts, retainage, and prepaid freight or return freight. [Pre-2008 Recodification Citation: 15-7-7-6.] As added by P.L.2-2008, SEC.3.

15-12-3-7. “Person”

Sec. 7. As used in this chapter, “person” means an individual, a corporation, a limited liability company, a partnership, a trust, or an unincorporated association. [Pre-2008 Recodification Citation: 15-7-7-7.] As added by P.L.2-2008, SEC.3.