§ 4075 — Exceptions to repurchase requirement

The provisions of this chapter shall not require a supplier to repurchase from a dealer:
(1) a repair part with a limited storage life or otherwise subject to physical or structural deterioration, including gaskets or batteries;
(2) a single repair part normally priced and sold in a set of two or more items;
(3) a repair part that, because of its condition, cannot be marketed as a new part without repackaging or reconditioning by the supplier or manufacturer;
(4) any inventory that the dealer elects to retain;
(5) any inventory ordered by the dealer after receipt of notice of termination of the dealer agreement by either the dealer or supplier;
(6) any inventory that was acquired by the dealer from a source other than the supplier, unless the source was approved by the supplier;
(7) a specialized repair tool that is not unique to the supplier’s product line, or that is over 10 years old, incomplete, or in unusable condition;
(8) a part identified by the supplier as nonreturnable at the time of the dealer’s order; or
(9) supplies that are not unique to the supplier’s product line, or that are over three years old, incomplete, or in unusable condition. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994; amended 2015, No. 142 (Adj. Sess.), § 2.)