Inventory which does not qualify for repurchase
This law lists the types of products that a wholesaler, manufacturer, or distributor does NOT have to buy back from a retailer when a contract ends. They do not have to take back parts that are damaged or need repackaging, items the retailer cannot prove they fully own, items the retailer chooses to keep, equipment that is not new or complete, parts that are used or damaged, equipment bought more than 24 months before the contract ended, items ordered after the retailer was told the contract was ending, or items the retailer got from somewhere other than the wholesaler or manufacturer.
407.870. which does not qualify for . — The of sections 407.850 to 407.885 shall not require the repurchase from a of:
(1) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;
(2) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the , or , of , free and clear of all , liens and encumbrances;
(3) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;
(4) Any equipment, implements, machinery, and attachments which are not in new, unused, undamaged, or complete condition;
(5) Any which are not in new, unused, or undamaged condition;
(6) Any equipment, implements, machinery or attachments which were purchased twenty-four months or more prior to notice of ;
(7) Any inventory which was ordered by the retailer on or after the date of notification of termination of the contract;
(8) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer or distributor or of such wholesaler, manufacturer or distributor unless such inventory was acquired from any source or arranged by the manufacturer.
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Source & history notes
(L. 1982 H.B. 958 § 5, A.L. 1987 S.B. 35, A.L. 2000 H.B. 1142, A.L. 2002 H.B. 1348 merged with H.B. 2008)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.