365.810 Prices to be paid by supplier for repurchase of inventory and hardware,
519 words·~2 min read·
/ky/365-810A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
software, repair tools, signage and fixtures required by the supplier --
Reimbursement for training.
(a)The supplier shall repurchase inventory previously purchased from the
supplier and held by the retailer on the date of termination of the retail
agreement contract. The supplier shall pay one hundred percent (100%) of the
net cost, plus any freight charges paid, of all new, unsold, undamaged, and
complete farm implements, tractors, farm machinery, utility and industrial
equipment, construction and excavating equipment, consumer products, and
any attachments for the equipment, and one hundred percent (100%) of the
current net price of all new, unused, and undamaged repair parts or superseded
parts.
(b)The supplier shall repurchase inventory used in demonstrations, including
inventory leased or rented primarily for demonstration or lease purposes, at its
agreed depreciated value, if the equipment is in like-new condition and has
not been damaged.
(2)The supplier shall pay the retailer five percent (5%) of the current net price on all
new, unused, and undamaged repair parts or superseded parts returned to cover the
cost of handling, packing, and loading. The supplier may perform the handling,
packing, and loading in lieu of paying the five percent (5%) of the current net price
for these services.
(a)The supplier shall purchase from the retailer, at its amortized value, any
specific data processing hardware and software and telecommunications
equipment that the supplier required the retailer to purchase within five
years of the termination of the retail agreement contract.
(b)The supplier shall repurchase from the retailer, at seventy-five percent (75%)
of the net cost, specialized repair tools purchased within three
(3)years of the
date of the termination of the retail agreement contract, and, at fifty percent
(50%) of the net cost, specialized repair tools purchased more than three
but less than six
(6)years of the date of the termination of the retail agreement
contract if:
1. The supplier required the purchase;
2. The retailer held the tools on the date of the termination of the retail
agreement contract;
3. The tools were unique to the supplier's product line; and
4. The tools were in complete and resalable condition.
(4)The supplier shall purchase from the retailer, at its amortized value, any specific
signage incorporating the supplier's name, logo, tradename, trademark, or other
information identifying the supplier or the products manufactured or distributed by
the supplier which the supplier expressly required the retailer to purchase in
connection with the retail agreement contract.
(5)If, in a retail agreement contract, the supplier requires the retailer's employees to
participate in training programs sponsored or promoted by the supplier, then the
supplier shall reimburse the retailer for any out-of-pocket expenses incurred by the
retailer. The reimbursement shall only be required if the training took place within
one
(1)year of the termination of the retail agreement contract.
(6)The supplier shall purchase from the retailer, at its amortized value, all trade
fixtures and other improvements to the business premises of the retailer that the
supplier expressly required the retailer to purchase or acquire in connection with the
retail agreement contract.