310

LAWS OF MARYLAND

[Ch. 49

PRICE STIPULATED BY THE SELLER;

(3)    THAT THE SELLER WILL NOT SELL THE
COMMODITY TO ANY RETAILER, UNLESS THE RETAILER, IN TURN,
AGREES NOT TO RESELL THE COMMODITY EXCEPT TO CONSUMERS
FOR USE AT NOT LESS THAN THE STIPULATED MINIMUM PRICE;
AND

(4)    THAT THE SELLER WILL NOT SELL THE
COMMODITY TO ANY WHOLESALER, UNLESS THE WHOLESALER, IN
TURN, AGREES NOT TO RESELL THE COMMODITY:

(i) TO ANY RETAILER, UNLESS THE RETAILER, IN
TURN, WILL AGREE NOT TO RESELL THE COMMODITY EXCEPT TO
CONSUMERS FOR USE AND AT NOT LESS THAN THE STIPULATED
MINIMUM PRICE; AND

(ii) TO ANY OTHER WHOLESALER, UNLESS THE
OTHER WHOLESALER. IN TURN, WILL MAKE THE SAME AGREEMENT
WITH ANY WHOLESALER OR RETAILER TO WHOM HE RESELLS THE
COMMODITY.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 83, §103.

11-105. PROVISIONS PROHIBITED IN RESALE CONTRACTS.

A CONTRACT WHICH CONTAINS ANY OF THE PROVISIONS
ENUMERATED IN §11-104 OF THIS SUBTITLE MAY NOT PRECLUDE
THE RESALE OF A COMMODITY COVERED BY THE CONTRACT WITHOUT
REFERENCE TO THE CONTRACT IF:

(1) (i) THE OWNER'S STOCK IS BEING CLOSED OUT FOR
THE BONA FIDE PURPOSE OF DISCONTINUING DEALING IN THE
COMMODITY;

(ii) PLAIN NOTICE OF THAT FACT IS GIVEN TO
THE PUBLIC; AND

(iii) THE OWNER OF THE STOCK HAS GIVEN TO THE
PRODUCER OR DISTRIBUTOR OF THE COMMODITY PROMPT AND
REASONABLE WRITTEN NOTICE OF HIS INTENTION TO CLOSE OUT
THE STOCK AND AN OPPORTUNITY TO PURCHASE IT AT THE
ORIGINAL INVOICE PRICE;

(2)(i) THE COMMODITY IS ALTERED, SECONDHAND,
DAMAGED, DEFACED, OR DETERIORATED;

(ii) PLAIN NOTICE OF THAT FACT IS GIVEN TO
THE PUBLIC IN THE ADVERTISEMENT AND SALE OF THE
COMMODITY; AND

(iii) THE NOTICE IS CONSPICUOUSLY DISPLAYED
IN EACH ADVERTISEMENT AND AFFIXED TO THE COMMODITY; OR