Oklahoma Code § 15-247

§ 15-247.

Exemptions.

Oklahoma Statutes - Title 15. Contracts

The provisions of the Fair Practices of Equipment Manufacturers,

Distributors, Wholesalers and Dealers Act shall not require the

repurchase from a dealer of:

1. Any repair part which is in a broken or damaged package;

provided, however, the supplier will be required to repurchase a

repair part in a broken or damaged package, for a repurchase price

that is equal to eighty-five percent (85%) of the current net parts

cost for the repair part, if the aggregate current net parts cost

for the entire package of repair parts is Seventy-five Dollars

($75.00) or higher;

2. Any repair part which because of its condition is not

resalable as a new part without repackaging or reconditioning;

3. Any inventory for which the dealer is unable to furnish

evidence, satisfactory to the supplier, of clear title free and

clear of all claims, liens and encumbrances unless such inventory

will be free and clear of all claims, liens and encumbrances

immediately upon payment by the supplier of amounts due herein to

such lien holders;

4. Any inventory which the dealer desires to keep, provided the

dealer has a contractual right to do so;

5. Any equipment or repair parts which are not in new, unsold,

undamaged, complete condition, subject, however, to the provisions

of this act relating to the demonstrators;

6. Any equipment delivered to the dealer prior to the beginning

of the thirty-six-month period immediately preceding the date of

notification of termination;

7. Any equipment or repair parts which were ordered by the

dealer on or after the date of notification of termination;

8. Any equipment or repair parts which were acquired by the

dealer from any source other than the supplier unless such equipment

or repair parts were ordered from, or invoiced to the dealer by, the

supplier; or

9. Any equipment or repair parts which are not returned to the

supplier within ninety (90) days after the later of:

a.

the effective date of termination of a dealer

agreement, and

b.

the date the dealer receives from the supplier all

information, documents or supporting materials

required by the supplier to comply with the supplier’s

return policy; provided, however, this paragraph will

not be applicable to a dealer if the supplier did not

give the dealer notice of the ninety-day deadline at

the time the applicable notice of termination was sent

to the dealer.

Added by Laws 1982, c. 274, § 3, operative Oct. 1, 1982. Amended by

Laws 1991, c. 51, § 4, emerg. eff. April 9, 1991; Laws 2011, c. 156,

§ 11, eff. Nov. 1, 2011.

Oklahoma Statutes - Title 15. Contracts