(a) This subchapter does not apply to a specialty agricultural equipment supplier if the dealer terminates the dealer agreement without good reason. A dealer has good reason to terminate the dealer agreement for any of the following reasons:
(1) the death or disability of a majority owner of the dealership;
(2) the dealership terminates the dealer agreement and:
(A) substantially all of the dealership assets or all shares of stock of the dealership are sold to a new owner; and
(B) no owner of the terminated dealership continues to own an interest in the continuing dealership;
(3) the filing of bankruptcy by or against the dealership that has not been discharged within 30 days after the date of the filing, the appointment of a receiver, or an assignment for the benefit of creditors; or
(4) the specialty agricultural equipment supplier:
(A) abandons the market or withdraws from the market by no longer selling to the dealer a type of equipment previously sold to the dealer that constituted a material part of the specialty agricultural equipment sold by the supplier;
(B) consistently sells products to the dealer that are defective or breach the implied warranty of merchantability;
(C) consistently fails to:
(i) provide adequate product support for the type and use of the product, including technical assistance, operator and repair manuals, and part lists and diagrams;
(ii) provide adequate training required by the supplier for maintenance, repair, or use of the supplier’s products; or
(iii) provide marketing and marketing support for the supplier’s product if marketing is a requirement of the dealer agreement;
(D) consistently fails to meet the supplier’s warranty obligations to the dealer as required by contract or law, including obligations under this chapter;
(E) has engaged in conduct that is injurious or detrimental to the dealer’s customers, the public welfare, or the dealer’s reputation;
(F) has made material misrepresentations to the dealer or has falsified a record;
(G) has breached the dealer agreement; or
(H) has violated this chapter.
(b) This subchapter may not be construed to limit a specialty agricultural equipment supplier’s obligation to repurchase a dealer’s inventory as provided by this section if the supplier terminates or otherwise discontinues the dealer agreement.

Terms Used In Texas Business and Commerce Code 57.357

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Contract: A legal written agreement that becomes binding when signed.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.