West Virginia Code 47-11F-5 – Exceptions to repurchase requirement
Any other provisions of this article to the contrary notwithstanding, a supplier shall not be required to repurchase from the dealer (i) a repair part of or with a limited storage life or which is otherwise subject to deterioration; that is to say by way of example and not in limitation thereof, such items as gaskets or batteries; (ii) multiple packaged repair parts when the package has been broken; (iii) a repair part that because of its condition is not resalable as a new part without repackaging or reconditioning; (iv) any portion of the inventory that the dealer chooses to retain; or (v) any inventory that was acquired by the dealer from a source other than the supplier, except for data processing hardware and software, special service tools, and business signs that the supplier required the dealer to purchase; and (vi) any tractor, implement, attachment or equipment that the dealer purchased from the supplier more than thirty-six months before the date of the termination notice.
Terms Used In West Virginia Code 47-11F-5
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Dealer: means any person, firm, partnership, association, corporation or other business entity engaged in the business of selling, at retail, farm, construction, industrial or outdoor power equipment or any combination of the foregoing and who maintains a total inventory of new equipment and repair parts having an aggregate value of not less than $25,000 at current net price and who provides repair service for such equipment. See West Virginia Code 47-11F-2
- Inventory: means the tractors, implements, attachments, equipment, and repair parts that the dealer purchased from the supplier, including, but not limited to, any data processing hardware and software, special service tools, and business signs the supplier has required the dealer to purchase and maintain. See West Virginia Code 47-11F-2
- Supplier: means a wholesaler, manufacturer or distributor who enters into an agreement with a dealer and who supplies inventory to such dealer. See West Virginia Code 47-11F-2
- Termination: means the termination, cancellation, nonrenewal or discontinuation of an agreement. See West Virginia Code 47-11F-2