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Session Laws, 1987
Volume 769, Page 3383   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 753

(H) "SUPPLIER" MEANS A WHOLESALER, MANUFACTURER, OR
DISTRIBUTOR WHO ENTERS INTO A CONTRACT AGREEMENT WITH A DEALER.

(I) "TERMINATION" MEANS THE TERMINATION, CANCELLATION,
NONRENEWAL, OR NONCONTINUATION OF A CONTRACT.

19-102.

(A)  THIS TITLE DOES NOT REQUIRE A SUPPLIER TO REPURCHASE
FROM A DEALER:

(1-) A REPAIR PART WITH A LIMITED STORAGE LIFE OR
OTHERWISE SUBJECT TO DETERIORATION, SUCH AS A GASKET OR BATTERY;

(2)  MULTIPLE PACKAGED REPAIR PARTS IF THE PACKAGE HAS
BEEN BROKEN;

(3)  A REPAIR PART THAT, BECAUSE OF ITS CONDITION, IS
NOT RESALABLE AS A NEW PART WITHOUT REPACKAGING OR
RECONDITIONING;

(4)  ANY INVENTORY THAT THE DEALER CHOOSES TO RETAIN;
OR

(5)  ANY INVENTORY THAT WAS ACQUIRED BY THE DEALER
FROM A SOURCE OTHER THAN THE SUPPLIER; OR

(6) ANY TRACTOR, IMPLEMENT, ATTACHMENT, EQUIPMENT, OR
OTHER INVENTORY THAT THE DEALER PURCHASED FROM THE SUPPLIER MORE
THAN 36 MONTHS BEFORE THE DATE OF THE NOTICE OF TERMINATION.

(B)  THIS TITLE DOES NOT EFFECT A SECURITY INTEREST OF THE
SUPPLIER IN THE INVENTORY OF THE DEALER.

(C)  REPURCHASE OF INVENTORY UNDER THIS TITLE IS NOT SUBJECT
TO THE BULK TRANSFERS PROVISIONS OF TITLE 6 OF THIS ARTICLE.

(D) THIS TITLE DOES NOT APPLY TO A WRITTEN OR ORAL CONTRACT
OR AGREEMENT BETWEEN A DEALER AND A SUPPLIER IF, UNDER THE
CONTRACT OR AGREEMENT, THE SUPPLIER DOES NOT REQUIRE THE DEALER
TO ORDER AND MAINTAIN AN INVENTORY IN EXCESS OF $25,000 AT
CURRENT NET PRICE FROM THE SUPPLIER.

SUBTITLE 2. REPURCHASE REQUIREMENTS AND TERMS

19-201.

(A) SUBJECT TO § 19-102 OF THIS TITLE, WHENEVER A CONTRACT
BETWEEN A DEALER AND A SUPPLIER IS TERMINATED BY EITHER PARTY,
THE SUPPLIER SHALL REPURCHASE THE DEALER'S INVENTORY ON THE TERMS
SPECIFIED IN § 19-202 OF THIS TITLE.

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Session Laws, 1987
Volume 769, Page 3383   View pdf image
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