SEC. 75-77-9. Certain items need not be repurchased.

The provisions of this chapter shall not require the repurchase from a retailer of:

(a) Any repair part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets or batteries;

(b) Any repair part which is in a broken or damaged package;

(c) Any single repair part which is priced as a set of two (2) or more items;

(d) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;

(e) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the wholesaler, manufacturer or distributor, of clear title, free and clear of all claims, liens and encumbrances;

(f) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;

(g) Any farm implements, motor home, machinery, utility and industrial equipment, consumer products and attachments which are not current models or which are not in new, unused, undamaged, complete condition;

(h) Any repair parts which are not in new, unused, undamaged condition;

(i) Any farm implements, motor home, machinery, utility and industrial equipment, consumer products or attachments which were purchased twenty-four (24) months prior to notice of termination of the contract;

(j) Any inventory which was ordered by the retailer on or after the date of notification of termination of the contract;

(k) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer or distributor.

SOURCES: Laws, 1977, ch. 419, Sec. 5, eff from and after passage (approved March 30, 1977). Laws, 1994, ch. 399, Sec. 7, eff from and after July 1, 1994.

1997 Amendment:

SECTION 7. Section 75-77-9, Mississippi Code of 1972, is amended as follows:

 75-77-9. The provisions of this chapter shall not require the repurchase from a retailer of:

 (a) Any repair part which, because of its condition, is not resalable as a new part;

 (b) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;

 * * *

 (c) Any farm implements, * * * machinery, utility and industrial equipment, outdoor power equipment and attachments which are not current models or which are not in new, unused, undamaged, complete condition, provided that the equipment used in demonstrations or leased as provided in Section 75-77-5 shall be considered new and unused;

 (d) Any repair parts which are not in new, unused, undamaged condition;

 (e) Any farm implements, * * * machinery, utility and industrial equipment, outdoor power equipment or attachments which were purchased more than thirty-six (36) months prior to notice of termination of the contract;

 (f) Any inventory which was ordered by the retailer on or after the date of * * * termination of the contract.

 * * *

SOURCE: 1997 Laws, Chapter 318, Sec. 7, SB2339, Effective July 1, 1997.