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2005 LAWS OF MARYLAND
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Ch. 433
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19-202.
(a) Within 90 days after termination of the contract the supplier shall
repurchase from the dealer all inventory, previously purchased from the supplier,
that remains unsold on the date the contract terminates.
(b) (1) The supplier shall pay the dealer:
(i) 100 percent of the CURRENT net [cost] PRICE of all new,
unused, UNSOLD, undamaged, and complete [inventory except repair parts, less a
reasonable allowance for deterioration attributable to weather conditions at the
dealer's location] FARM, CONSTRUCTION, UTILITY, AND INDUSTRIAL EQUIPMENT,
IMPLEMENTS, MACHINERY, OUTDOOR POWER EQUIPMENT, AND ATTACHMENTS;
[and]
(ii) [85] 90 percent of the current net price of all new, unused, and
undamaged repair parts [currently listed in the supplier's price book] AND
SUPERSEDED PARTS;
(III) 75 PERCENT OF THE NET COST OF ALL SPECIALIZED REPAIR
TOOLS PURCHASED IN THE PREVIOUS 3 YEARS AND 50 PERCENT OF THE NET COST
OF ALL SPECIALIZED REPAIR TOOLS PURCHASED IN THE PREVIOUS 4 THROUGH 6
YEARS IN ACCORDANCE WITH THE REQUIREMENTS OF THE SUPPLIER AND HELD BY
THE DEALER ON THE DATE OF TERMINATION, IF THE SPECIALIZED REPAIR TOOLS
ARE UNIQUE TO THE SUPPLIER'S PRODUCT LINE AND ARE IN COMPLETE AND
RESALABLE CONDITION;
(IV) THE AGREED DEPRECIATED VALUE OF FARM IMPLEMENTS,
MACHINERY, UTILITY AND INDUSTRIAL EQUIPMENT, AND OUTDOOR POWER
EQUIPMENT USED IN DEMONSTRATIONS, INCLUDING EQUIPMENT LEASED
PRIMARILY FOR DEMONSTRATION OR LEASE; AND
(V) AT ITS AMORTIZED VALUE, THE PRICE OF ANY SPECIFIC DATA
PROCESSING HARDWARE AND SOFTWARE AND TELECOMMUNICATIONS EQUIPMENT
THAT THE SUPPLIER REQUIRED THE DEALER TO PURCHASE WITHIN THE PAST 5
YEARS.
(2) (I) THE SUPPLIER SHALL PAY:
1. THE COST OF SHIPPING THE INVENTORY FROM THE
DEALER'S LOCATION; AND
2. THE DEALER 10 PERCENT OF THE CURRENT NET PRICE OF
ALL NEW, UNUSED, AND UNDAMAGED REPAIR PARTS RETURNED TO COVER THE
COST OF HANDLING, PACKING, AND LOADING.
(II) The supplier may perform the handling, packing, and loading of
repair parts [returned and withhold, as a charge for these services, 5 percent of the
current net price of the returned repair parts] INSTEAD OF PAYING THE 10 PERCENT
FOR THE SERVICES.
[(c) (1) The inventory shall be returned FOB the dealer.
- 2006 -
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