|
Public Act 096-1155
|
| HB5912 Enrolled | LRB096 17601 DRJ 32958 b |
|
|
AN ACT concerning business.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Equipment Fair Dealership Law is |
amended by changing Sections 2, 4, 5, and 7 as follows:
|
(815 ILCS 715/2) (from Ch. 5, par. 1502)
|
Sec. 2. As used in this Act unless the context clearly |
requires otherwise:
|
(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;
|
(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;
|
(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;
|
|
(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
|
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.
|
(Source: P.A. 86-259.)
|
(815 ILCS 715/4) (from Ch. 5, par. 1504)
|
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
|
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
|
these services; provided the same can be accomplished within 45 |
days of termination.
|
(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.
|
(Source: P.A. 86-259.)
|
(815 ILCS 715/5) (from Ch. 5, par. 1505)
|
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.
|
|
(Source: P.A. 86-259; 86-820; 86-1028.)
|
(815 ILCS 715/7) (from Ch. 5, par. 1507)
|
Sec. 7.
The provisions of this Act shall not require the |
repurchase
from a retailer of:
|
(1) Any repair part which has a limited storage life and is |
in a
deteriorated condition;
|
(2) Any repair part which is in a broken or damaged |
package;
|
(3) Any single repair part which is priced as a set of two |
or more items;
|
(4) Any repair part which because of its condition is not |
resalable as
a new part without repackaging or reconditioning;
|
(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;
|
(6) Any inventory which the retailer desires to keep, |
provided the retailer
has a contractual right to do so;
|
(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
|
complete condition;
|
(8) Any repair parts which are not in new, unused, or |
|
undamaged condition;
|
(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
|
notice of termination of the contract;
|
(10) Any inventory which was ordered by the retailer on or |
after the date
of notification of termination of the contract;
|
(11) Any inventory which was acquired by the retailer from |
any source
other than the wholesaler, manufacturer or |
distributor.
|
(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
|
termination of the dealership.
|
(Source: P.A. 86-259.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|