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365.820 Items not required to be repurchased from retailer.
The provisions of KRS 365.800 to 365.840 shall not require the repurchase from a retailer
of:
(1) Any repair part or superseded part which has a limited storage life or is otherwise
subject to deterioration, such as rubber items, gaskets, or batteries;
(2) Any repair part or superseded part which is in a broken or damaged package;
(3) Any single repair part or superseded part which is priced as a set of two (2) or more
items;
(4) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the
supplier, of clear title, free and clear of all claims, liens, and encumbrances;
(5) Any inventory which the retailer desires to keep, provided the retailer has a
contractual right to do so;
(6) Any inventory which is not in a new, unused, and undamaged condition, except that
inventory used in demonstrations or leased, as provided in KRS 365.810, shall be
considered new and unused;
(7) Any inventory which was ordered by the retailer on or after the date of notification
of termination of the contract; or
(8) Any inventory which was acquired by the retailer from any source other than the
supplier.
Effective: April 21, 2004
History: Amended 2004 Ky. Acts ch. 144, sec. 5, effective April 21, 2004. -- Created
1986 Ky. Acts ch. 32, sec. 5, effective February 28, 1986.
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