North Carolina General Statutes 66-185. Exceptions to repurchase requirement
This Article does not require the repurchase from a dealer of:
(1) A repair part with a limited storage life or otherwise subject to deterioration, such as gaskets or batteries, except for industrial “press on” or industrial pneumatic tires.
Terms Used In North Carolina General Statutes 66-185
- Agreement: means a written or oral contract or agreement between a dealer and a wholesaler, manufacturer, or distributor by which the dealer is granted one or more of the following rights:
- Dealer: means a person engaged in the business of selling at retail farm, construction, utility or industrial, equipment, implements, machinery, attachments, outdoor power equipment, or repair parts. See North Carolina General Statutes 66-180
- Inventory: means farm implements and machinery, construction, utility and industrial equipment, consumer products, outdoor power equipment, attachments, or repair parts. See North Carolina General Statutes 66-180
- Supplier: means a wholesaler, manufacturer, distributor, or any purchaser of assets or stock of any surviving corporation resulting from a merger or liquidation, any receiver or assignee, or any trustee of the original manufacturer, wholesaler, or distributor who enters into an agreement with a dealer. See North Carolina General Statutes 66-180
(2) A single repair part that is priced as a set of two or more items.
(3) A repair part that, because of its condition, is not resalable as a new part without repackaging or reconditioning.
(3a) Any repair part that is not in new, unused, undamaged condition.
(4) An item of inventory for which the dealer does not have title free of all claims, liens, and encumbrances other than those of the supplier.
(5) Any inventory that the dealer chooses to keep.
(6) Any inventory that was ordered by the dealer after either party’s receipt of notice of termination of the agreement.
(6a) Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment, and attachments that are not current models or that are not in new, unused, undamaged, complete condition, provided that the equipment used in demonstrations or leased, as provided in N.C. Gen. Stat. § 66-184, shall be considered new and unused.
(6b) Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment, and attachments that were purchased more than 36 months prior to notice of termination of the agreement.
(7) Any inventory that was acquired by the dealer from a source other than the supplier. (1985, c. 441, s. 1; 2001-343, s. 1.)