2014 Tennessee Code
Title 47 - Commercial Instruments And Transactions
Chapter 25 - Trade Practices
Part 19 - Motorcycle and Off-Road Vehicle Dealer Fairness Act
§ 47-25-1906 - Termination and repurchase -- Price and associated costs.

(a) A dealer who enters into a written retail agreement with a supplier to maintain a stock of motorcycles, off-road vehicles, or related parts and attachments has the following rights to payment upon repurchase, at the option of the dealer, if the retail agreement is terminated:

(1) The supplier shall repurchase, at one hundred percent (100%) of the current net price, all new, unsold, undamaged and complete motorcycles, off-road vehicles and attachments;

(2) The supplier shall repurchase, at ninety percent (90%) of the current net price, all new, unused and undamaged and superseded repair parts;

(3) The supplier shall repurchase, at ten percent (10%) of the current net price, all new, unused and undamaged repair parts returned to cover the cost of handling, packing and loading. The supplier shall have the option of performing the handling, packing and loading in lieu of paying the ten percent (10%) for these services;

(4) The supplier shall purchase, at its amortized value, any specific data processing hardware and software and telecommunications equipment that the supplier required the dealer to purchase within the past five (5) years; and

(5) The supplier shall repurchase, at one hundred percent (100%) of the net cost, specialized repair tools purchased in the previous three (3) years and, at seventy-five percent (75%) of the net cost, specialized repair tools purchased in the previous four (4) through six (6) years and, at fifty percent (50%) of the net cost, specialized repair tools purchased more than six (6) years previous pursuant to the requirements of the supplier and held by the dealer on the date of termination. The specialized repair tools must be unique to the supplier's product line and must be in complete and resalable condition.

(b) Motorcycles, off-road vehicles and attachments used in demonstrations, including inventory leased primarily for demonstration or lease, shall also be subject to repurchase under this part at its agreed depreciated value; provided, that the inventory is in new condition and has not been abused.