Exceptions to Repurchase Requirement

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This part shall not require the repurchase from a retailer of:

  1. Any repair part which, because of its condition, is not resalable as a new part;
  2. Any inventory which the retailer desires to keep; provided, that the retailer has a contractual right to do so;
  3. Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment 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 § 47-25-1305 shall be considered new and unused;
  4. Any repair parts which are not in new, unused, undamaged condition;
  5. Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment or attachments which were purchased more than thirty-six (36) months prior to notice of termination of the contract; or
  6. Any inventory which was ordered by the retailer on or after the date of termination of the contract.


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