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Ch. 433 2005 LAWS OF MARYLAND
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(3) THIS SECTION DOES NOT ENTITLE AN HEIR, PERSONAL
REPRESENTATIVE, OR FAMILY MEMBER TO OPERATE A DEALERSHIP WITHOUT THE
SPECIFIC WRITTEN CONSENT OF THE SUPPLIER.
(G) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, IF A SUPPLIER
AND A DEALER HAVE EXECUTED AN AGREEMENT CONCERNING SUCCESSION RIGHTS
PRIOR TO THE DEALER'S DEATH, AND IF THE AGREEMENT HAS NOT BEEN REVOKED,
THE AGREEMENT SHALL BE ENFORCED EVEN IF IT DESIGNATES SOMEONE OTHER
THAN THE SURVIVING SPOUSE OR HEIR OF THE DECEDENT AS THE SUCCESSOR
19-203.
(A) THIS TITLE DOES NOT REQUIRE THE REPURCHASING FROM A DEALER OF:
(1) A REPAIR PART WITH A LIMITED STORAGE LIFE OR OTHERWISE
SUBJECT TO DETERIORATION, SUCH AS A GASKET OR BATTERY, EXCEPT FOR
INDUSTRIAL "PRESS ON" INDUSTRIAL PNEUMATIC TIRES;
(2) A SINGLE REPAIR PART THAT IS PRICED AS A SET OF TWO OR MORE
ITEMS;
(3) A REPAIR PART THAT, BECAUSE OF ITS CONDITION, IS NOT
RESALABLE AS A NEW PART WITHOUT REPACKAGING OR RECONDITIONING;
(4) A REPAIR PART THAT IS NOT IN NEW, UNUSED, AND UNDAMAGED
CONDITION;
(5) AN ITEM OF INVENTORY FOR WHICH A DEALER DOES NOT HAVE
TITLE FREE OF ALL CLAIMS, LIENS, AND ENCUMBRANCES OTHER THAN THOSE OF
THE SUPPLIER;
(6) ANY INVENTORY THAT THE DEALER CHOOSES TO RETAIN;
(7) ANY INVENTORY THAT WAS ORDERED BY THE DEALER AFTER
EITHER PARTY'S RECEIPT OF NOTICE OF TERMINATION OF A FRANCHISE
AGREEMENT;
(8) ANY FARM IMPLEMENTS OR MACHINERY, CONSTRUCTION, UTILITY,
OR INDUSTRIAL EQUIPMENT, OUTDOOR POWER EQUIPMENT, OR ATTACHMENTS
THAT ARE NOT CURRENT MODELS OR THAT ARE NOT IN NEW, UNUSED, UNDAMAGED,
COMPLETE CONDITION, PROVIDED THAT EQUIPMENT THAT IS USED IN
DEMONSTRATIONS OR LEASED UNDER § 19-202 OF THIS TITLE SHALL BE
CONSIDERED NEW AND UNUSED;
(9) ANY FARM IMPLEMENTS OR MACHINERY, CONSTRUCTION, UTILITY,
OR INDUSTRIAL EQUIPMENT, OUTDOOR POWER EQUIPMENT, OR ATTACHMENTS
THAT WERE PURCHASED MORE THAN 36 MONTHS BEFORE NOTICE OF TERMINATION
OF THE CONTRACT; OR
(10) ANY INVENTORY THAT WAS ACQUIRED BY THE DEALER FROM A
SOURCE OTHER THAN THE SUPPLIER.
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- 2008 -
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