10-1-679.6. Repurchase of inventory, equipment, tools, accessories, and signage on termination of the dealership contract; reimbursement for returned items.

If a recreational vehicle dealership franchise agreement is terminated, canceled, or not renewed by the grantor, the grantor, at the option of the recreational vehicle dealer, shall repurchase:#

1. (1)

   All new, untitled recreational vehicle inventory acquired from the manufacturer within 12 months prior to the effective date of the termination, cancellation, or nonrenewal which has not been materially altered or substantially damaged. The grantor shall reimburse the dealer for 100 percent of the net invoice cost of such inventory, including transportation, less applicable rebates and discounts to the dealer.#

2. (2)

   All functioning diagnostic equipment, special tools, other equipment and machinery, accessories and proprietary parts, and signage as were required to meet the dealer’s service responsibilities in accordance with manufacturer’s guides and applicable customer service bulletins and signs sold under the recreational vehicle dealership agreement.#

The manufacturer shall reimburse the dealer for 100 percent of the current net prices as published in the manufacturer’s current price lists or catalogs on accessories and parts, including superseded parts, provided it was purchased by the dealer within five years before termination and can no longer be used in the normal course of the dealer’s business, plus 5 percent of the current net price of all manufacturer’s accessories and parts returned to compensate the dealer for handling, packing, and loading the parts, plus the cost of freight to return said parts. The grantor shall pay the dealer within 30 days of receipt of the returned items. This Code section shall apply only to merchandise with a name, trademark, label, or other mark on it which identifies the grantor or with proof of purchase from the grantor.#