§47-11F-1. Short Title

This article shall be known and may be cited as the "West Virginia Farm Equipment Dealer Contract Act."

§47-11F-2. Definitions

(a) As used in this article, unless the context in which used clearly requires otherwise: (1) "Agreement" or "contract" means a written or oral agreement or contract between a dealer and a supplier, by the terms of which the dealer is granted the right to sell the supplier's equipment and the dealer is required to […]

§47-11F-3. Notice of Termination of Agreement or Contract

(a) The provisions of any agreement to the contrary notwithstanding, a supplier who terminates a contract or agreement with a dealer shall notify such dealer of the termination not less than six months prior to the effective date thereof: Provided, That the supplier may terminate the agreement at anytime after the occurrence of any of […]

§47-11F-4. Supplier Requirement to Repurchase Dealer Inventory; Terms of Repurchase

(a) The provisions of any agreement to the contrary notwithstanding, whenever an agreement or contract between a dealer and a supplier is terminated by either party, the supplier shall repurchase the dealer's inventory as provided in this article unless the dealer chooses to keep the inventory and so advises the supplier in writing. (b) The […]

§47-11F-5. Exceptions to Repurchase Requirement

Any other provisions of this article to the contrary notwithstanding, a supplier shall not be required to repurchase from the dealer (i) a repair part of or with a limited storage life or which is otherwise subject to deterioration; that is to say by way of example and not in limitation thereof, such items as […]

§47-11F-6. Applicability of Uniform Commercial Practices

(a) The provisions of this article do not affect a security interest of the supplier in the inventory of the dealer. (b) A repurchase of inventory pursuant to this article shall not be subject to the bulk transfer provisions of article six, chapter forty-six of this code.

§47-11F-7. Warranty Claims

If after the termination of a contract or agreement, the dealer submits a warranty claim to the supplier for work performed prior to the effective date of the termination of such contract or agreement, the supplier shall accept or reject such claim within a minimum of forty-five days from the day the supplier received the […]

§47-11F-8. Civil Remedies Applicable

(a) The provisions of any agreement to the contrary notwithstanding, if a supplier fails or refuses without just cause to repurchase any inventory or portion thereof when required to do so under the provisions of this article within the time periods prescribed thereby, such supplier shall be civilly liable for (i) one hundred percent of […]