407.870. Inventory which does not qualify for repurchase.
Inventory which does not qualify for repurchase.
407.870. The provisions of sections 407.850 to 407.885 shall notrequire the repurchase from a retailer of:
(1) Any repair part which because of its condition is not resalableas a new part without repackaging or reconditioning;
(2) Any inventory for which the retailer is unable to furnishevidence, satisfactory to the wholesaler, manufacturer or distributor, oftitle, free and clear of all claims, liens and encumbrances;
(3) Any inventory which the retailer desires to keep, provided theretailer has a contractual right to do so;
(4) Any equipment, implements, machinery, and attachments which arenot in new, unused, undamaged, or complete condition;
(5) Any repair parts which are not in new, unused, or undamagedcondition;
(6) Any equipment, implements, machinery or attachments which werepurchased twenty-four months or more prior to notice of termination of thecontract;
(7) Any inventory which was ordered by the retailer on or after thedate of notification of termination of the contract;
(8) Any inventory which was acquired by the retailer from any sourceother than the wholesaler, manufacturer or distributor or transferee ofsuch wholesaler, manufacturer or distributor unless such inventory wasacquired from any source authorized or arranged by the manufacturer.
(L. 1982 H.B. 958 § 5, A.L. 1987 S.B. 35, A.L. 2000 H.B. 1142, A.L. 2002 H.B. 1348 merged with H.B. 2008)