Kentucky Statutes 365.820 – Items not required to be repurchased from retailer
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The provisions of KRS § 365.800 to KRS § 365.840 shall not require the repurchase from a retailer of:
(1) Any repair part or superseded part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or batteries;
(2) Any repair part or superseded part which is in a broken or damaged package;
(3) Any single repair part or superseded part which is priced as a set of two (2) or more items;
(4) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the supplier, of clear title, free and clear of all claims, liens, and encumbrances;
(5) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;
(6) Any inventory which is not in a new, unused, and undamaged condition, except that inventory used in demonstrations or leased, as provided in KRS § 365.810, shall be considered new and unused;
(7) Any inventory which was ordered by the retailer on or after the date of notification of termination of the contract; or
(8) Any inventory which was acquired by the retailer from any source other than the supplier.
Effective: April 21, 2004
History: Amended 2004 Ky. Acts ch. 144, sec. 5, effective April 21, 2004. — Created
1986 Ky. Acts ch. 32, sec. 5, effective February 28, 1986.
(1) Any repair part or superseded part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or batteries;
Terms Used In Kentucky Statutes 365.820
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) Any repair part or superseded part which is in a broken or damaged package;
(3) Any single repair part or superseded part which is priced as a set of two (2) or more items;
(4) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the supplier, of clear title, free and clear of all claims, liens, and encumbrances;
(5) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;
(6) Any inventory which is not in a new, unused, and undamaged condition, except that inventory used in demonstrations or leased, as provided in KRS § 365.810, shall be considered new and unused;
(7) Any inventory which was ordered by the retailer on or after the date of notification of termination of the contract; or
(8) Any inventory which was acquired by the retailer from any source other than the supplier.
Effective: April 21, 2004
History: Amended 2004 Ky. Acts ch. 144, sec. 5, effective April 21, 2004. — Created
1986 Ky. Acts ch. 32, sec. 5, effective February 28, 1986.