As used in NRS 597.112 to 597.118, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.1123 to 597.114, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2003, 3399)
“Dealer” means any person who engages in the business of selling inventory. (Added to NRS by 2003, 3399)
“Dealer agreement” means an oral or written agreement between a supplier and a dealer by which: 1. A commercial relationship of definite duration or continuing indefinite duration is established; 2. The dealer is granted the right to offer and sell inventory at retail; 3. The dealer constitutes a component of a system for the distribution […]
“Inventory” means farm equipment or any attachments or repair parts for that farm equipment. (Added to NRS by 2003, 3399)
“Net price” means the price set forth in the price list or catalog of a supplier which is in effect when a dealer agreement is terminated, less any applicable trade or cash discounts. (Added to NRS by 2003, 3400)
“Superseded part” or “superseded repair part” means a part which has an equivalent function of a part which is available on the date of the termination of a dealer agreement. (Added to NRS by 2003, 3400)
“Supplier” means: 1. A manufacturer, wholesaler or wholesale distributor of new inventory; 2. A purchaser of the assets or shares of a surviving corporation resulting from a merger or liquidation of a supplier; or 3. A receiver, assignee or trustee of such a manufacturer, wholesaler or wholesale distributor. (Added to NRS by 2003, 3400)
1. A supplier shall not terminate, fail to renew or substantially change the terms of a dealer agreement without good cause. 2. Except as otherwise provided in this section, a supplier may terminate or refuse to renew a dealer agreement for good cause if the supplier provides to the dealer a written notice setting forth […]
1. Each year a supplier shall allow each dealer with whom it has entered into a dealer agreement to return to the supplier for credit a portion of the surplus parts in the dealer’s inventory. 2. A supplier shall notify each dealer of the period it has designated for that dealer to submit a list […]
A supplier shall not: 1. Require a dealer to accept delivery of equipment, parts or accessories which the dealer has not ordered unless the equipment, parts or accessories are required by the supplier for the safe use of any inventory provided to the dealer by the supplier; 2. Condition the sale of any equipment to […]
1. Except as otherwise provided in this section, upon the termination of a dealer agreement by a supplier or dealer, the supplier shall repurchase the inventory held by the dealer on the date of the termination of the dealer agreement. 2. A supplier who repurchases the inventory of a dealer pursuant to subsection 1 shall: […]
1. At the end of each year after the termination of a dealer agreement, a dealer’s reserve account for recourse, retail sale or lease contracts may not be debited by a supplier or lender for any deficiency unless the dealer is given written notice of at least 7 business days by certified or registered mail, […]
The provisions of NRS 597.112 to 597.118, inclusive, do not require a supplier to repurchase from a dealer: 1. Any repair part which is not in new and undamaged condition or, because of its condition, is not resalable as a new part; 2. Any inventory which the dealer retains pursuant to subsection 3 of NRS […]
If a supplier fails or refuses to repurchase and pay a dealer for any inventory the supplier is required to repurchase in accordance with the provisions of NRS 597.112 to 597.118, inclusive, within 60 days after shipment of the inventory to the supplier, the supplier is liable for: 1. An amount equal to 100 percent […]
1. Upon the death of a dealer or the majority shareholder of a corporation which operates as a dealer, the supplier shall, upon the approval or request of the devisee or heir of the dealer or majority shareholder, repurchase the inventory of the dealer in the manner prescribed in NRS 597.1153. 2. The devisee or […]
The provisions of NRS 597.112 to 597.118, inclusive, do not affect any security interest which a supplier has in the inventory of a dealer. The dealer and supplier shall each provide a representative to inspect the inventory and certify its acceptability when packaged for shipment. The failure of the supplier to provide a representative for […]
1. A dealer may bring a civil action for damages in a court of competent jurisdiction against a supplier who violates any of the provisions of NRS 597.112 to 597.118, inclusive, and may recover damages incurred as a result of any violation committed by the supplier, including costs and attorney’s fees. 2. A dealer may […]
1. Except as otherwise provided in this section, any agreement entered into by a supplier and a dealer concerning reimbursement for work performed under a warranty, including, without limitation, a dealer agreement, must comply with the provisions set forth in this section. 2. A supplier who authorizes a dealer to perform work under a warranty […]
1. A person may not waive or modify a right, obligation or liability set forth in the provisions of NRS 597.112 to 597.118, inclusive. 2. A condition, stipulation or provision of a dealer agreement or any other agreement that: (a) Limits the procedural or substantive rights of a dealer pursuant to the provisions of NRS […]