Texas Business & Commerce Code

§ 57.358 — EXCEPTIONS

BC § 57.358Title 4. BUSINESS OPPORTUNITIES AND AGREEMENTS · Ch. 57. AGRICULTURAL, CONSTRUCTION, INDUSTRIAL, MINING, FORESTRY, LANDSCAPING, AND OUTDOOR POWER EQUIPMENT DEALER AGREEMENTS · Art. H. REPURCHASE OR OTHER OBLIGATIONS FOLLOWING CANCELLATION OR NONRENEWAL OF AGREEMENT

Statute text

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(a)A supplier is not required to repurchase from a dealer:

(1)a repair part that, except as provided by Subsection (b), is in a broken or damaged package;

(2)a repair part that because of its condition cannot be resold as a new part without repackaging or reconditioning;

(3)any inventory for which the dealer is unable to furnish evidence, satisfactory to the supplier, of clear title, free and clear of all claims, liens, and encumbrances unless the inventory will be free and clear of all claims, liens, and encumbrances immediately on payment by the supplier of amounts due in this subchapter to the lienholders;

(4)any inventory that the dealer wants to keep, provided the dealer has a contractual right to keep the inventory;

(5)equipment delivered to the dealer before the beginning of the 36-month period preceding the date of notification of termination; and

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Legislative history

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