15-12-2-4. Deposit and Expenditure of Funds
Sec. 4. Notwithstanding any other law, funds and the proceeds of the trust assets that are not authorized to be administered by the United States Secretary of Agriculture under section 3 of this chapter shall be received by the director under an application made under section 2 of this chapter. The director shall deposit the […]
15-12-3-14. Repurchase Exceptions
Sec. 14. This chapter does not require the repurchase of any of the following: (1) A repair part that has a limited storage life or is subject to deterioration, including rubber items, gaskets, batteries, solvents, and lubricants. (2) A single repair part that is priced as a set of two (2) or more items. (3) […]
15-12-2-5. Director’s Powers; Delegation
Sec. 5. (a) The director may do the following: (1) Collect, compromise, adjust, or cancel claims and obligations arising out of or administered under: (A) this chapter; or (B) any mortgage, lease, contract, or agreement entered into or administered under this chapter. (2) If in the director’s judgment it is necessary and advisable, pursue a […]
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 […]
15-12-2-6. Exemption From Liability
Sec. 6. The United States and the United States Secretary of Agriculture may not be held liable for the transfer of assets to the director under this chapter. [Pre-2008 Recodification Citation: 15-7-2-5.] As added by P.L.2-2008, SEC.3.
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.
15-12-1-44. Breach of Marketing Contract; Penalty; Injunction
Sec. 44. A person or corporation whose officers or employees knowingly induce or attempt to induce any member or stockholder of an association: (1) organized under this chapter; or (2) organized under any agricultural cooperative law of any other state of the United States and admitted to do business in Indiana; to breach the member’s […]
15-12-1-45. Warehouse or Elevator Operator; Breach of Marketing Contract; Penalty; Injunction
Sec. 45. (a) A person, firm, limited liability company, or corporation that: (1) operates a warehouse, an elevator, or other receiving place or deals in any agricultural products within Indiana; and (2) solicits, persuades, or permits any member of an association: (A) organized under this chapter; or (B) organized under any agricultural cooperative law of […]