The provisions of this Act shall not require the repurchase from a retailer of:
(1) Any repair part which has a limited storage life and is in a deteriorated condition;(2) Any repair part which is in a broken or damaged package;(3) Any single repair part which is priced as a set of two or more items;(4) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;(5) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the wholesaler, manufacturer or distributor, of title, free and clear of all claims, liens and encumbrances;(6) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;(7) Any outdoor power equipment including but not limited to all-terrain vehicles or off-highway motorcycles, farm implements, farm machinery, attachments and accessories, construction equipment, industrial equipment, attachments and accessories which are not in new, unused, undamaged, or complete condition;(8) Any repair parts which are not in new, unused, or undamaged condition;(9) Any outdoor power equipment including but not limited to all-terrain vehicles or off-highway motorcycles, farm implements, farm machinery, attachments or accessories, construction equipment, industrial equipment, attachments or accessories which were purchased 24 months or more prior to notice of termination of the contract;(10) Any inventory which was ordered by the retailer on or after the date of notification of termination of the contract;(11) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer or distributor; (12) Any repair parts not listed in the manufacturers' current price list in effect at date of notice of termination or classified as obsolete by the manufacturer. However, this exception to the repurchase requirement shall apply only if the wholesaler, manufacturer or distributor provided the retailer with the opportunity to return the parts prior to notice of termination of the dealership.Amended by P.A. 097-0333,§ 620, eff. 8/12/2011.Amended by P.A. 096-1155,§ 5, eff. 7/21/2010.