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Tenn. Code Ann. § 47-25-1307

Exceptions to repurchase requirement

Applied in 2 court decisions — leading case Terex Corp. v. Southern Track & Pump, Inc. (2015)

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

Acts 1999, ch. 193, § 8.

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.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.