47-25-1307 - Exceptions to repurchase requirement.

47-25-1307. Exceptions to repurchase requirement.

The provisions of this part shall not require the repurchase from a retailer of:

     (1)  Any repair part which, because of its condition, is not resalable as a new part;

     (2)  Any inventory which the retailer desires to keep; provided, that the retailer has a contractual right to do so;

     (3)  Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment and attachments which are not current models or which are not in new, unused, undamaged, complete condition; provided, that the equipment used in demonstrations or leased as provided in § 47-25-1305 shall be considered new and unused;

     (4)  Any repair parts which are not in new, unused, undamaged condition;

     (5)  Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment or attachments which were purchased more than thirty-six (36) months prior to notice of termination of the contract; or

     (6)  Any inventory which was ordered by the retailer on or after the date of termination of the contract.

[Acts 1999, ch. 193, § 8.]