Sec. 42-348. Inventory repurchase. Examination of books and records. Payment for inventory.
Sec. 42-348. Inventory repurchase. Examination of books and records. Payment for inventory. (a) Not later than ninety days after receipt of a dealer's written
request, a supplier under a duty to repurchase inventory pursuant to section 42-347 and
this section may examine any books or records of the dealer to verify the eligibility of
any inventory item for repurchase. Except as otherwise provided in this section and
section 42-349, the supplier shall repurchase from the dealer all inventory, required
signage, special tools, books, supplies, data processing equipment and software previously purchased from the supplier or other qualified vendor under the dealer agreement
and in the possession of the dealer on the date of termination of the dealer agreement.
(b) The supplier shall pay the dealer, for any repurchase of inventory under section
42-347 and this section, as follows:
(1) One hundred per cent of the net cost of all new, undamaged and complete farm
and utility tractors, forestry equipment, light industrial or construction equipment, farm
implements, farm machinery and yard and garden equipment purchased from the supplier or other qualified vendor under the dealer agreement within the past thirty-six
months, less a reasonable allowance for deterioration attributable to weather conditions
at the dealer's location;
(2) Ninety per cent of the current net prices of all new and undamaged repair parts;
(3) Eighty-five per cent of the current net price of all new and undamaged superseded repair parts;
(4) Eighty-five per cent of the latest available published net price of all new and
undamaged noncurrent repair parts;
(5) The fair market value of any specific data processing hardware that the supplier
required the dealer to acquire in order to satisfy the reasonable requirements of the
dealer agreement, including computer systems equipment required and approved by
the supplier to communicate with the supplier, provided, the supplier may assume the
dealer's responsibilities under any lease of such hardware or equipment in lieu of such
payment;
(6) Seventy-five per cent of the net cost of specialized repair tools, signage, books
and supplies purchased pursuant to the requirements of the supplier under the dealer
agreement and held by the dealer on the date of termination, provided any such specialized repair tools shall be unique to the supplier's product line and shall be complete and
in usable condition; and
(7) The average as is value shown in current industry guides for any dealer-owned
rental fleet financed by the supplier or any finance subsidiary of the supplier.
(c) The party that initiates the termination of a dealer agreement under section 42-346 shall pay the cost of the return, handling, packing and loading of all inventory
repurchased under section 42-347 and this section.
(d) Payment required to be made to the dealer under this section shall be made by
the supplier not later than forty-five days after receipt of the inventory by the supplier.
A penalty may be assessed by the dealer against the supplier in the amount of two per
cent per day on any outstanding balance existing after such forty-five-day period. The
supplier may apply any payment required to be made to the dealer under this section as
a set-off against any amount owed by the dealer to the supplier.
(P.A. 97-179, S. 4.)