1. Exceptions. The provisions of this chapter do not require the repurchase from a dealer of:
A. A repair part with a limited storage life or otherwise subject to physical or structural deterioration including, but not limited to, gaskets or batteries, but excluding industrial “press on” or industrial pneumatic tires; [PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
B. A single repair part normally priced and sold in a set of 2 or more items; [PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
C. A repair part that, because of its condition, can not be marketed as a new part without repackaging or reconditioning by the supplier or manufacturer; [PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
D. [PL 2011, c. 236, §9 (RP); PL 2011, c. 236, §18 (AFF).]
E. Any inventory that the dealer elects to retain; [PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
F. Any inventory ordered by the dealer after receipt of notice of termination of the dealer agreement by either the dealer or supplier; or [PL 2011, c. 236, §10 (AMD); PL 2011, c. 236, §18 (AFF).]
G. Any inventory that was acquired by the dealer from a source other than the supplier. [PL 2011, c. 236, §11 (AMD); PL 2011, c. 236, §18 (AFF).]
H. [PL 2011, c. 236, §12 (RP); PL 2011, c. 236, §18 (AFF).]

[PL 2011, c. 236, §§9-12 (AMD); PL 2011, c. 236, §18 (AFF).]

SECTION HISTORY

PL 1995, c. 462, §A22 (NEW). PL 1995, c. 462, §A23 (AFF). PL 2011, c. 236, §§9-12 (AMD). PL 2011, c. 236, §18 (AFF).

Terms Used In Maine Revised Statutes Title 10 Sec. 1290

  • Dealer: means a person, corporation or partnership primarily engaged in the business of retail sales of farm and utility tractors, forestry equipment, industrial equipment, construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories and repair parts. See Maine Revised Statutes Title 10 Sec. 1285
  • Dealer agreement: means a written or oral contract or agreement between a dealer and a wholesaler, manufacturer or distributor by which the dealer is granted the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype or advertising or other commercial symbol. See Maine Revised Statutes Title 10 Sec. 1285
  • Inventory: means farm, forestry, utility or industrial equipment, construction equipment, implements, machinery, yard and garden equipment, attachments or repair parts. See Maine Revised Statutes Title 10 Sec. 1285
  • Supplier: means a wholesaler, manufacturer or distributor of inventory as defined in this chapter who enters into a dealer agreement with a dealer. See Maine Revised Statutes Title 10 Sec. 1285
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