This chapter does not require the repurchase of any of the following:
- (1) A repair part that has a limited storage life or is subject to deterioration, including rubber items, gaskets, batteries, solvents, and lubricants.
- (2) A single repair part that is priced as a set of two (2) or more items.
- (3) Inventory for which the retailer is unable to furnish evidence, satisfactory to the wholesaler, manufacturer, or distributor, of clear title, free and clear of all claims, liens, and encumbrances.
- (4) Inventory that the retailer desires to keep, provided the retailer has a contractual right to keep the inventory.
- (5) Inventory that is not in a new, unused, and undamaged condition.
- (6) Inventory that was ordered by the retailer on or after the date of notification of termination of the contract.
- (7) Inventory that was acquired by the retailer from a source other than the wholesaler, manufacturer, or distributor.
- (8) Complete farm and industrial machinery, except repair parts, that was purchased at least thirty-six (36) months before the date of termination.
(9) A repair part that is in a broken or damaged package, if the package is necessary for the resale of the repair part to a customer by a retailer.
[Pre-2008 Recodification Citation: 15-7-7-14.]
As added by P.L.2-2008, SEC.3.