2006 New York Code - Death Or Incapacity Of Dealer.



 
    §  696-g.  Death or incapacity of dealer. 1. In the event of the death
  or incapacity of the dealer or the majority stockholder of a corporation
  operating as a dealer, the supplier shall, at the option of the heirs at
  law, if the dealer died intestate, or the executor under  the  terms  of
  the  deceased  dealer's  last  will  and  testament, if said dealer died
  testate, repurchase the inventory from the estate as if the supplier had
  terminated the contract  and  the  inventory  repurchase  provisions  of
  section  six  hundred  ninety-six-f  of  this article are made expressly
  applicable hereto. The heirs or executor shall have nine months from the
  date of the death of the dealer or majority stockholder to exercise  the
  option  under  this  article.  However,  nothing  in  this article shall
  require the repurchase of inventory if the heirs  or  executor  and  the
  supplier  enter  into  a  new dealer agreement, or if a successor to the
  dealer is established pursuant to paragraph (j) of subdivision three  of
  section  six hundred ninety-six-b of this article. This section shall be
  subject to that portion of the  supplier's  agreement  with  the  dealer
  pertaining  to  death  of  the  dealer or succession, to the extent such
  agreement is not inconsistent herewith.
    2. The provisions  of  this  section  shall  be  supplemental  to  any
  agreement  between  the  dealer  and the supplier covering the return of
  farm equipment, attachments and repair parts which provides  the  dealer
  with  greater  protection.  The  heirs  or  executor can elect to pursue
  either the contract  remedy  or  the  remedy  provided  herein,  and  an
  election  by  the  heirs or executor to pursue contract remedy shall not
  bar such heirs' or executor's right to the remedy provided herein as  to
  those  farm  equipment, attachments and repair parts not affected by the
  contract remedy. Notwithstanding anything contained herein,  the  rights
  of  a supplier to charge back to the dealer's account amounts previously
  paid or credited as a discount incident  to  the  dealer's  purchase  of
  goods shall not be affected. Further, any repurchase hereunder shall not
  be  subject  to  the  provisions  of the bulk sales law.   Additionally,
  nothing shall preclude a price for return parts which  is  greater  than
  the total allowance for parts allowed herein and the shipping allowance,
  in  such case the packing, freight and handling expense charge shall not
  be borne by the supplier.

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