30-11-703. Excepted inventory. The following inventory is not subject to the repurchase requirements of 30-11-702:
     (1) any repair part that has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or wet-charge batteries;
     (2) any repair part that is in a broken or damaged package;
     (3) any single repair part that is priced as a set of two or more items;
     (4) any repair part that 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 the retailer desires to keep, if the retailer has a contractual right to do so;
     (7) any inventory item other than a repair part that is not in essentially new, unused, undamaged, and complete condition;
     (8) any repair part that is not in new, unused, or undamaged condition;
     (9) any inventory item, other than a repair part, that has been stocked for 36 months or more prior to notice of termination of the contract;
     (10) any inventory that was ordered by the retailer after the date of notification of termination of the contract; and
     (11) any inventory that was acquired from any source other than the wholesaler, manufacturer, or distributor.

     History: En. Sec. 3, Ch. 338, L. 1983; amd. Sec. 940, Ch. 56, L. 2009.