407.860. Inventory qualifying for repurchase--percentage to be paid--cost of transportation to warehouse to be paid by retailer--packing and loading, how paid--transferee of manufacturer or distributo
Inventory qualifying for repurchase--percentage to be paid--cost oftransportation to warehouse to be paid by retailer--packing andloading, how paid--transferee of manufacturer or distributors, law toapply, when.
407.860. 1. The wholesaler, manufacturer or distributor shallrepurchase that inventory previously purchased from him and held by theretailer at the date of termination of the contract. The provisions ofsections 407.850 to 407.885 shall apply to the transferee of suchwholesaler, manufacturer or distributor if such transferee acquiredsubstantially all of the assets of such wholesaler, manufacturer ordistributor. The wholesaler, manufacturer or distributor shall pay onehundred percent of the net cost of all new, unsold, undamaged and completeequipment, implements, machinery, and attachments and ninety-five percentof the current net price of all new, unused and undamaged repair parts.The retailer shall pay the cost of transportation to the nearest warehousemaintained by the wholesaler, manufacturer, or distributor, or to amutually agreeable site. The wholesaler, manufacturer or distributor shallpay the retailer five percent of the current net price on all new, unusedand undamaged repair parts returned to cover the cost of handling, packingand loading. The wholesaler, manufacturer or distributor shall have theoption of performing the handling, packing and loading in lieu of payingthe five percent for these services. The retailer shall pay the cost oftransportation to the nearest warehouse maintained by the wholesaler,manufacturer, or distributor, or to a mutually agreeable site.
2. Upon payment of the repurchase amount to the retailer, the titleand right of possession to the repurchased inventory shall transfer to thewholesaler, manufacturer or distributor.
(L. 1982 H.B. 958 § 3, A.L. 1987 S.B. 35, A.L. 2002 H.B. 1348 merged with H.B. 2008)