§ 66-185. Exceptions to repurchase requirement. - North Carolina Statutes

§ 66‑185.  Exceptions torepurchase requirement.

This Article does not requirethe repurchase from a dealer of:

(1)        A repair part with alimited storage life or otherwise subject to deterioration, such as gaskets orbatteries, except for industrial "press on" or industrial pneumatictires.

(2)        A single repair partthat is priced as a set of two or more items.

(3)        A repair part that,because of its condition, is not resalable as a new part without repackaging orreconditioning.

(3a)      Any repair part thatis not in new, unused, undamaged condition.

(4)        An item of inventoryfor which the dealer does not have title free of all claims, liens, andencumbrances other than those of the supplier.

(5)        Any inventory thatthe dealer chooses to keep.

(6)        Any inventory thatwas ordered by the dealer after either party's receipt of notice of terminationof the agreement.

(6a)      Any farm implementsand machinery, construction, utility and industrial equipment, outdoor powerequipment, and attachments that are not current models or that are not in new,unused, undamaged, complete condition, provided that the equipment used indemonstrations or leased, as provided in G.S. 66‑184, shall be considerednew and unused.

(6b)      Any farm implementsand machinery, construction, utility and industrial equipment, outdoor powerequipment, and attachments that were purchased more than 36 months prior tonotice of termination of the agreement.

(7)        Any inventory thatwas acquired by the dealer from a source other than the supplier. (1985, c. 441, s. 1; 2001‑343,s. 1.)