322D.3 - EXCEPTIONS.

        322D.3  EXCEPTIONS.         This chapter does not require repurchase from a franchisee of:         1.  A repair part which has a limited storage life or is otherwise      subject to deterioration, such as rubber items, gaskets or batteries.         2.  A repair part which is in a broken or damaged package.         3.  A single repair part which is priced as a set of two or more      items.         4.  A repair part which because of its condition is not resalable      as a new part without repackaging or reconditioning.         5.  Any inventory for which the franchisee is unable to furnish      evidence of title and ownership in the franchisee that is free and      clear of all claims, liens and encumbrances to the satisfaction of      the franchiser.         6.  Any inventory which a franchisee desires to keep, provided the      franchisee has a contractual right in the franchise agreement to do      so.         7.  A farm implement, motorcycle, all-terrain vehicle, or      snowmobile which is not in new, unused, undamaged, or complete      condition.         8.  A repair part which is not in new, unused, or undamaged      condition.         9.  A farm implement, motorcycle, all-terrain vehicle, or      snowmobile which was purchased twenty-four months or more prior to      the termination of the franchise.         10.  Any inventory which was ordered by the franchisee on or after      the date of notification of termination of the franchise.         11.  Any inventory which was acquired by the franchisee from a      source other than the franchiser with whom the franchise is being      terminated.         12.  A repair part not listed in the franchiser's current price      list in effect on the date of notice of termination or classified as      nonreturnable or obsolete by the franchiser as of the date of      termination.  However, this exception to the repurchase requirement      applies only if the franchiser provided the franchisee with an      opportunity to return the exempted part prior to notice of      termination of the franchise.  
         Section History: Recent Form
         84 Acts, ch 1087, § 3; 85 Acts, ch 47, § 8; 85 Acts, ch 67, § 39;      2002 Acts, ch 1011, §6; 2003 Acts, ch 28, §6, 8