Texas Business & Commerce Code

§ 57.303 — EQUIPMENT REPRESENTED AS AVAILABLE FOR IMMEDIATE DELIVERY

BC § 57.303Title 4. BUSINESS OPPORTUNITIES AND AGREEMENTS · Ch. 57. AGRICULTURAL, CONSTRUCTION, INDUSTRIAL, MINING, FORESTRY, LANDSCAPING, AND OUTDOOR POWER EQUIPMENT DEALER AGREEMENTS · Art. G. DELIVERY, SALE, AND RETURN OF EQUIPMENT

Statute text

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A supplier may not refuse to deliver, in reasonable quantities and within a reasonable time after receipt of a dealer's order, to any dealer having a dealer agreement for the retail sale of new equipment sold or distributed by the supplier, equipment covered by the dealer agreement and specifically advertised or represented by the supplier as available for immediate delivery, unless the refusal is due to:

(1)the supplier's prudent and reasonable restrictions on extensions of credit to the dealer;

(2)a business decision by the supplier to limit the production volume of the equipment; or

(3)an act of nature, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the supplier has no control.

Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.