§ 4-72-307 — Inventory not required to be repurchased

The provisions of this subchapter shall not require the repurchase from a retailer of: (1) Any repair part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or batteries; (2) Any repair part which is in a broken or damaged package; (3) Any single repair part which is priced as a set of two (2) or more items; (4) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning; (5) Any inventory for which the retailer is unable to furnish satisfactory evidence to the wholesaler, manufacturer, or distributor of clear title, free and clear of all claims, liens, and encumbrances; (6) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so; (7) Any farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, and attachments which are not current models or which are not in new, unused, undamaged, complete condition; (8) Any repair parts which are not in new, unused, undamaged condition; (9) Any farm implements, machinery, utility and industrial equipment, lawn and garden outdoor powered machinery and equipment, or attachments which were purchased twenty-four (24) months or more prior to notice of termination of the contract; (10) Any inventory which was ordered by the retailer on or after the date of notification of termination of the contract; or (11) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer, or distributor.

Legislative History

Acts 1979, No. 810, § 5; A.S.A. 1947, § 70-823; Acts 1991, No. 996, § 2.