Sec. 14. 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.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 12. Agricultural Assistance Organizations and Programs
Chapter 3. Repurchase of Farm or Industrial Machinery Inventory
15-12-3-1. Application of Chapter
15-12-3-2. "All Terrain Vehicle"
15-12-3-3. "Current Net Price"
15-12-3-4. "Farm or Industrial Machinery"
15-12-3-10. Repurchase of Inventory; Exceptions
15-12-3-11. Farm and Industrial Machinery Repurchased; Proof of Purchase
15-12-3-12. Repurchase Price; Packaging
15-12-3-13. Title to Inventory
15-12-3-14. Repurchase Exceptions
15-12-3-16. Repurchase After Death, Incapacity, or Insolvency