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| Public Act 096-1155 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Equipment Fair Dealership Law is | ||||
amended by changing Sections 2, 4, 5, and 7 as follows:
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(815 ILCS 715/2) (from Ch. 5, par. 1502)
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Sec. 2. As used in this Act unless the context clearly | ||||
requires otherwise:
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(1) "Current net price" shall mean the price listed in the | ||||
wholesaler's,
manufacturer's, or distributor's price list in | ||||
effect at the time the
contract is canceled or discontinued, | ||||
less any applicable trade, volume
and/or cash discounts;
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(2) "Inventory" shall mean farm implements, farm | ||||
machinery, attachments,
accessories and repair parts, outdoor | ||||
power equipment including but not limited to all-terrain | ||||
vehicles or off-highway motorcycles, construction
equipment, | ||||
industrial equipment, attachments, accessories and repair | ||||
parts;
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(3) "Net cost" shall mean the price the retailer actually | ||||
paid for the
merchandise to the wholesaler, manufacturer or | ||||
distributor, plus freight
from the wholesaler's, | ||||
manufacturer's or distributor's location to the
dealer's | ||||
location;
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(4) "Retailer" shall mean any person, firm or corporation | ||
engaged
in the business of selling and retailing outdoor power | ||
equipment including but not limited to all-terrain vehicles or | ||
off-highway motorcycles, farm
implements, farm machinery, | ||
attachments accessories or repair parts and
retailers of | ||
construction or industrial equipment, attachments or
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accessories or repair parts, but shall not include retailers of | ||
petroleum
and motor vehicles and related automotive care and | ||
replacement products
normally sold by such retailers.
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(Source: P.A. 86-259.)
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(815 ILCS 715/4) (from Ch. 5, par. 1504)
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Sec. 4.
(1) The wholesaler, manufacturer or distributor | ||
shall repurchase
that inventory previously purchased from him | ||
and held by the retailer at
the date of termination of the | ||
contract. The wholesaler, manufacturer or
distributor shall | ||
pay 100% of the net cost of all new, unsold,
undamaged and | ||
complete outdoor power equipment including but not limited to | ||
all-terrain vehicles or off-highway motorcycles, farm | ||
implements, farm
machinery, attachments and accessories, | ||
construction equipment, industrial
equipment, attachments and | ||
accessories and 95% of the current net price of
all new, unused | ||
and undamaged repair parts. The retailer shall pay the
cost of | ||
transportation to the nearest warehouse maintained by the
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wholesaler, manufacturer or distributor, or to a mutually | ||
agreeable site.
The wholesaler, manufacturer or distributor | ||
shall pay the retailer 5% of
the current net price on all new, | ||
unused and undamaged repair parts
returned to cover the cost of | ||
handling, packing and loading. The
wholesaler, manufacturer or | ||
distributor shall have the option of performing
the handling, | ||
packaging and loading in lieu of paying the retailer 5% for
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these services; provided the same can be accomplished within 45 | ||
days of termination.
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(2) Upon payment of the repurchase amount to the retailer, | ||
the title and
right of possession to the repurchased inventory | ||
shall transfer to the
wholesaler, manufacturer or distributor.
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(Source: P.A. 86-259.)
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(815 ILCS 715/5) (from Ch. 5, par. 1505)
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Sec. 5.
The provisions of this Act shall be supplemental to | ||
any
agreement between the retailer and the manufacturer, | ||
wholesaler, or distributor
covering the return of outdoor power | ||
equipment including but not limited to all-terrain vehicles or | ||
off-highway motorcycles, farm implements, farm
machinery, | ||
attachments, accessories,
and repair parts, construction | ||
equipment, industrial equipment,
attachments, accessories, and | ||
repair parts so that the retailer can elect
to pursue either | ||
his contract
remedy or the remedy provided herein, and an | ||
election by the retailer to
pursue his contract remedy shall | ||
not bar his right to the remedy provided
herein as to those | ||
farm implements, farm machinery, attachments, accessories
and | ||
repair parts not affected by the contract remedy.
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(Source: P.A. 86-259; 86-820; 86-1028.)
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(815 ILCS 715/7) (from Ch. 5, par. 1507)
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Sec. 7.
The provisions of this Act shall not require the | ||
repurchase
from a retailer of:
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(1) Any repair part which has a limited storage life and is | ||
in a
deteriorated condition;
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(2) Any repair part which is in a broken or damaged | ||
package;
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(3) Any single repair part which is priced as a set of two | ||
or more items;
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(4) Any repair part which because of its condition is not | ||
resalable as
a new part without repackaging or reconditioning;
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(5) Any inventory for which the retailer is unable to | ||
furnish evidence,
satisfactory to the wholesaler, manufacturer | ||
or distributor, of title, free
and clear of all claims, liens | ||
and encumbrances;
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(6) Any inventory which the retailer desires to keep, | ||
provided the retailer
has a contractual right to do so;
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(7) Any outdoor power equipment including but not limited | ||
to all-terrain vehicles or off-highway motorcycles, farm | ||
implements, farm machinery,
attachments and accessories, | ||
construction equipment, industrial equipment,
attachments and | ||
accessories which are not in new, unused, undamaged, or
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complete condition;
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(8) Any repair parts which are not in new, unused, or | ||
undamaged condition;
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(9) Any outdoor power equipment including but not limited | ||
to all-terrain vehicles or off-highway motorcycles, farm | ||
implements, farm machinery,
attachments or accessories, | ||
construction equipment, industrial equipment,
attachments or | ||
accessories which were purchased 24 months or more prior to
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notice of termination of the contract;
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(10) Any inventory which was ordered by the retailer on or | ||
after the date
of notification of termination of the contract;
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(11) Any inventory which was acquired by the retailer from | ||
any source
other than the wholesaler, manufacturer or | ||
distributor.
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(12) Any repair parts not listed in the manufacturers' | ||
current price list
in effect at date of notice of termination | ||
or classified as obsolete by
the manufacturer. However, this | ||
exception to the repurchase requirement
shall apply only if the | ||
wholesaler, manufacturer or distributor provided
the retailer | ||
with the opportunity to return the parts prior to notice of
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termination of the dealership.
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(Source: P.A. 86-259.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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