Public-domain · open source
OpenJurist

KRS 365.820

Items not required to be repurchased from retailer

Applied in 1 court decision — leading case 618 F. App'x 99 - Southern Track & Pump, Inc. v. Terex Corp. (2015)

Most recently applied in 618 F. App'x 99 - Southern Track & Pump, Inc. v. Terex Corp. (June 2015)

Effective: April 21, 2004 History: Amended 2004 Ky

The provisions of KRS 365.800 to 365.840 shall not require the repurchase from a retailer of:

(1) Any repair part or superseded part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or batteries;

(2) Any repair part or superseded part which is in a broken or damaged package;

(3) Any single repair part or superseded part which is priced as a set of two (2) or more items;

(4) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the supplier, of clear title, free and clear of all claims, liens, and encumbrances;

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

(6) Any inventory which is not in a new, unused, and undamaged condition, except that inventory used in demonstrations or leased, as provided in KRS 365.810, shall be considered new and unused;

(7) Any inventory which was ordered by the retailer on or after the date of notification of termination of the contract; or (8) Any inventory which was acquired by the retailer from any source other than the supplier.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.