Title 13, Chapter 8, Section 16
( 13-8-16)
(a) Every manufacturer shall specify and every dealer shall provide
and fulfill reasonable predelivery and preparation obligations for
its tractors and farm equipment prior to delivery of same to retail
purchasers. (b) Every manufacturer shall provide for repair parts availability
throughout the reasonable useful life of any tractor or farm
equipment sold. (c) Every manufacturer or distributor shall provide to his dealers,
on an annual basis, an opportunity to return a portion of his
surplus parts inventory for credit. The surplus parts return
procedure shall be administered as follows: (1) The manufacturer or distributor may specify and thereupon
notify his dealers of a time period of at least 60 days' duration,
during which time dealers may submit their surplus parts list and
return their surplus parts to the manufacturer or distributor; (2) If a manufacturer or distributor has not notified a dealer of
a specific time period for returning surplus parts within the
preceding 12 months, then he shall authorize and allow the
dealer's surplus parts return request within 30 days after receipt
of such request from the dealer; (3) Pursuant to the provisions of this subsection, a manufacturer
or distributor must allow surplus parts return authority on a
dollar value of parts equal to 8 percent of the total dollar value
of parts purchased by the dealer from the manufacturer or
distributor during the 12 month period immediately preceding the
notification to the dealer by the manufacturer or distributor of
the surplus parts return program, or the month the dealer's return
request is made, whichever is applicable; provided, however, that
the dealer may, at his option, elect to return a dollar value of
his surplus parts less than 8 percent of the total dollar value of
parts purchased by the dealer from the manufacturer or distributor
during the preceding 12 month period as provided in this
subsection; (4) No obsolete or superseded part may be returned, but any part
listed in the manufacturer's, wholesaler's, or distributor's
current parts price list at the date of notification to the dealer
by the manufacturer or distributor of the surplus parts return
program, or the date of a dealer's parts return request, whichever
is applicable, shall be eligible for return and credit as
specified in this subsection; provided, however, that returned
parts must be in new and unused condition and must have been
purchased from the manufacturer, wholesaler, or distributor to
whom they are returned; (5) The minimum lawful credit to be allowed for returned parts
shall be 85 percent of the wholesale cost thereof as listed in the
manufacturer's, wholesaler's, or distributor's current parts price
list at the date of the notification to the dealer by the
manufacturer, wholesaler, or distributor of the surplus parts
return program, or the date of a dealer's parts return request,
whichever is applicable;
(6) Applicable credit pursuant to this subsection must be issued
to the dealer within 30 days after receipt of his returned parts
by the manufacturer or distributor; or (7) Packing and return freight expense incurred in any return of
surplus parts pursuant to the terms of this Code section shall be
borne by the dealer. |