Virginia Code 59.1-352.6: Exceptions to repurchase requirement
This chapter does not require the repurchase from a dealer of:
Terms Used In Virginia Code 59.1-352.6
- 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:
1. See Virginia Code 59.1-352.1
- 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 Virginia Code 59.1-352.1
- farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
- Inventory: means farm implements and machinery, construction, utility and industrial equipment, consumer products, outdoor power equipment, attachments, or repair parts. See Virginia Code 59.1-352.1
- 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 Virginia Code 59.1-352.1
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.
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.
4. Any repair part that is not in new, unused, undamaged condition.
5. 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.
6. Any inventory that the dealer chooses to keep.
7. Any inventory that was ordered by the dealer after either party’s receipt of notice of termination of the franchise agreement.
8. 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 § 59.1-352.5, shall be considered new and unused.
9. Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment, and attachments that were purchased more than thirty-six months prior to notice of termination of the agreement.
10. Any inventory that was acquired by the dealer from a source other than the supplier.
2002, c. 898.