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Home » US Law » 2020 Arkansas Code » Title 4 - Business and Commercial Law » Subtitle 6 - Business Practices » Chapter 72 - Franchises » Subchapter 3 - Farm Equipment Retailer Franchise Protection

§ 4-72-301. Definitions

As used in this subchapter, unless the context otherwise requires: (1) “Current model” means a model listed in the wholesaler’s, manufacturer’s, or distributor’s current sales manual or any supplements thereto; (2) “Current net price” means the price listed in the wholesaler’s, manufacturer’s, or distributor’s price list or catalogue in effect at the time the contract […]

§ 4-72-302. Applicability of subchapter — Subchapter cumulative

(a) The provisions of this subchapter shall apply to all contracts which have no expiration date and are continuing contracts and all other contracts entered into or renewed after July 1, 1979. (b) Any contract in force and effect on June 1, 1977, which by its own terms will terminate on a date subsequent thereto, […]

§ 4-72-305. Retailer’s option on merchandise at termination of franchise

Whenever any retailer enters into a franchise agreement, evidenced by a written contract with a wholesaler, manufacturer, or distributor wherein the retailer agrees to maintain an inventory, and the contract is terminated, then the wholesaler, manufacturer, or distributor shall repurchase the inventory as provided in this subchapter. The retailer may keep the inventory if he […]

§ 4-72-306. Death of retailer equivalent to termination

(a) In the event of the death of the retailer or the majority stockholder of a corporation operating as a retailer, the wholesaler, manufacturer, or distributor 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 wholesaler, manufacturer, or […]

§ 4-72-307. Inventory not required to be repurchased

The provisions of this subchapter shall not require the repurchase from a retailer of: (1) Any repair part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or batteries; (2) Any repair part which is in a broken or damaged package; (3) Any single repair part which […]

§ 4-72-309. Liability for failure to repurchase

If any wholesaler, manufacturer, or distributor fails or refuses to repurchase any inventory covered under the provisions of this subchapter within sixty (60) days after shipment of the inventory, he or she shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by […]

§ 4-72-310. Violations

(a) It is a violation of this subchapter for a manufacturer, wholesaler, or distributor to coerce a dealer to accept delivery of parts, accessories, or specialized tools which the dealer has not voluntarily ordered. (b) It is a violation of this subchapter for a manufacturer to: (1) (A) Condition or attempt to condition the sale […]

§ 4-72-311. Warranties

(a) This section applies to a warranty claim submitted by a dealer. (b) (1) Claims filed for payment under warranty agreements shall either be approved or disapproved within thirty (30) days of receipt by a manufacturer, wholesaler, or distributor. (2) All claims for payment shall be paid within thirty (30) days of their approval. (3) […]