This part does not require repurchase from a dealer of:

(1) Any repair part that, because of its condition, is not resalable as a new part;

Terms Used In Tennessee Code 47-25-1908

  • Dealer: means any person engaged in the business of selling and retailing inventory, who enters into a retail agreement, and who, under the terms of the agreement receives inventory from the supplier. See Tennessee Code 47-25-1902
  • 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.
  • Inventory: means motorcycles, off-road vehicles, attachments and repair parts. See Tennessee Code 47-25-1902
  • Motorcycle: means a motorcycle as defined in §. See Tennessee Code 47-25-1902
  • Off-road vehicle: means any off-road motorcycle, all-terrain vehicle, utility vehicle or dune buggy. See Tennessee Code 47-25-1902
  • Retail agreement: means an agreement, including a franchise agreement that meets the requirements of a retail agreement, whether express, implied, oral, or written, between two (2) or more persons:
    (A) By which a person receives the right to:
    (i) Sell or lease inventory or services at retail or wholesale. See Tennessee Code 47-25-1902
  • Supplier: includes a:
    (A) Wholesaler. See Tennessee Code 47-25-1902
(2) Any inventory for which the dealer is unable to furnish evidence of title and ownership in the dealer that is free and clear of all claims, liens and encumbrances to the satisfaction of the supplier;
(3) Any inventory that a dealer desires to keep; provided, that the dealer has a contractual right to do so, pursuant to the retail agreement;
(4) Any motorcycle, off-road vehicle and attachments that are not in new, unused, undamaged, complete condition; provided, that the inventory used in demonstrations or leased as provided in § 47-25-1906(b) shall be considered new and unused;
(5) A repair part that is not in new, unused, or undamaged condition;
(6) A motorcycle, off-road vehicle, or attachment that was purchased more than forty-eight (48) months prior to notice of the termination of the retail agreement;
(7) Any inventory that was ordered by the dealer on or after the date of notification of termination of the retail agreement; and
(8) Any inventory that was acquired by the dealer from a source other than the supplier that is a party to the retail agreement that is being terminated.
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