KRS § 365.810 — KY Code / Title XXIX / Chapter 365 / Section 365.810
365.810 Prices to be paid by supplier for repurchase of inventory and hardware, software, repair tools, signage and fixtures required by the supplier -- Reimbursement for training
Status: in_force

365.810 Prices to be paid by supplier for repurchase of inventory and hardware,

software, repair tools, signage and fixtures required by the supplier --

Reimbursement for training.

(1) (a) The supplier shall repurchase inventory previously purchased from the

supplier and held by the retailer on the date of termination of the retail

agreement contract. The supplier shall pay one hundred percent (100%) of the

net cost, plus any freight charges paid, of all new, unsold, undamaged, and

complete farm implements, tractors, farm machinery, utility and industrial

equipment, construction and excavating equipment, consumer products, and

any attachments for the equipment, and one hundred percent (100%) of the

current net price of all new, unused, and undamaged repair parts or superseded

parts.

(b) The supplier shall repurchase inventory used in demonstrations, including

inventory leased or rented primarily for demonstration or lease purposes, at its

agreed depreciated value, if the equipment is in like-new condition and has

not been damaged.

(2) The supplier shall pay the retailer five percent (5%) of the current net price on all

new, unused, and undamaged repair parts or superseded parts returned to cover the

cost of handling, packing, and loading. The supplier may perform the handling,

packing, and loading in lieu of paying the five percent (5%) of the current net price

for these services.

(3) (a) The supplier shall purchase from the retailer, at its amortized value, any

specific data processing hardware and software and telecommunications

equipment that the supplier required the retailer to purchase within five (5)

years of the termination of the retail agreement contract.

(b) The supplier shall repurchase from the retailer, at seventy-five percent (75%)

of the net cost, specialized repair tools purchased within three (3) years of the

date of the termination of the retail agreement contract, and, at fifty percent

(50%) of the net cost, specialized repair tools purchased more than three (3)

but less than six (6) years of the date of the termination of the retail agreement

contract if:

1. The supplier required the purchase;

2. The retailer held the tools on the date of the termination of the retail

agreement contract;

3. The tools were unique to the supplier's product line; and

4. The tools were in complete and resalable condition.

(4) The supplier shall purchase from the retailer, at its amortized value, any specific

signage incorporating the supplier's name, logo, tradename, trademark, or other

information identifying the supplier or the products manufactured or distributed by

the supplier which the supplier expressly required the retailer to purchase in

connection with the retail agreement contract.

(5) If, in a retail agreement contract, the supplier requires the retailer's employees to

participate in training programs sponsored or promoted by the supplier, then the

supplier shall reimburse the retailer for any out-of-pocket expenses incurred by the

retailer. The reimbursement shall only be required if the training took place within

one (1) year of the termination of the retail agreement contract.

(6) The supplier shall purchase from the retailer, at its amortized value, all trade

fixtures and other improvements to the business premises of the retailer that the

supplier expressly required the retailer to purchase or acquire in connection with the

retail agreement contract.