Certain items need not be repurchased

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The provisions of this chapter shall not require the repurchase from a retailer of:

Any repair part which, because of its condition, is not resalable as a new part;

Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;

Any farm implements, machinery, utility and industrial equipment, outdoor power equipment, all-terrain vehicles, off-road utility vehicles and attachments which are not current models or which are not in new, unused, undamaged, complete condition, provided that the equipment used in demonstrations or leased as provided in Section 75-77-5 shall be considered new and unused;

Any repair parts which are not in new, unused, undamaged condition;

Any farm implements, machinery, utility and industrial equipment, outdoor power equipment, all-terrain vehicles, off-road utility vehicles or attachments which were purchased more than thirty-six (36) months prior to notice of termination of the contract;

Any inventory which was ordered by the retailer on or after the date of termination of the contract.


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